Va. Fire & Marine Ins. v. Buck & Newson

Citations

• 88 Va. 517
• 13 S.E. 973
• 1891 Va. LEXIS 65

Syllabus

<p>1. Practice at Common Law — General issue — Special pleas — Matters of defence. Under the pleas of non-assumpsit, and nil debet, any matter of defence whatever is admitted which tends to deny defendant’s liability to the plaintiff’s demands, except the statute of limitations, bankruptcy and tender, which do not contest the owing of the debt, but merely that an action can be maintained for it. And notwithstanding Code, 13264 allows defendant to plead as many matters of defence as he chooses, yet it does not give him the “absolute right” to his special pleas sotting up defences admissible under pleas already received; and the court may strike out such special pleas though already admitted, and issue joined.</p> <p>2. Actions on Insurance Policies— Evidence.</p> <p>Held :</p> <p>.Not error to refuse to allow defendant on cross-examination to ask a witness who had before testified that he had been employed as night watchman, how much he was paid.</p> <p>3. Idem — Other policies. — Defendants not entitled to inquire whether a person obtained “other insurance” for plaintiff without having first proved such person was jilaintiff’s agent.</p> <p>4. Idem — • Warranty — General rule. — The rule is that the court never construes a warranty as promissory and continuing, if any other reasonable construction can be given. And where the question was: “ How long have you been merchandizing, and who sleeps in the store ” ? and the answer was : “ Four years; watchman on premises at night; ”</p> <p>Held :</p> <p>Answer amounted to warranty that a watchman w'as on the premises at time of application; and not that he would be kept there in the future.</p> <p>5. Idem — Net» trial — Case at bar. — Considering the evidence in the record, under the. rule of l 3484;</p> <p>Held :</p> <p>No error in refusal to set aside verdict and award new trial.</p>