The law of fire and life insurance / by George Beaumont.

  • Beaumont, George Duckett Barber.
Date:
1833
Catalogue details

Licence: Public Domain Mark

Credit: The law of fire and life insurance / by George Beaumont. Source: Wellcome Collection.

Provider: This material has been provided by Royal College of Physicians, London. The original may be consulted at Royal College of Physicians, London.

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    The veiiiie may be laid in any county, and cannot be changed if the cause of action arise out of the realm. But the venue may be changed before plea in abatement or bar, upon the usual rule (except in case the policy be under seal) upon affidavit that the cause of action arose in that other county. If material evidence arise in two counties, the veyme may be laid in either; and if it be laid in a third county the Courts will not change it. On special grounds the Court will change the venue in all cases (c?). In actions of assumpsit the plea of the general issue enables the defendant to avail himself of most matters of defence. But disabilities, the Statute of Limitations, a tender, bankruptcy of defendant, and sometimes, where material, the bankruptcy of the plaintiff, also ‘‘ set off,” must be severally pleaded specially. Also recovery under another policy will be a bar to an action respecting the insurance on the same interest (e). Production of the policy, with adjustment, is not proof of payment (/). When the policy is by deed under seal, and the action consequently debt or covenant, there is, strictly speaking, no general issue. But a general plea is allowed by statute to some of the insurance offices. Payment of Money into Court {g). Money may (d) Sid. 625. {e) See Selwin Nisi Pr. “ Assumpsit.” (f) Adams v. Saunders, 1 Mo. & Mai. 373. (g) This is under stat. 19 Geo. 2, c. 37, s. 7. See Solomon V. Bewicke, 2 Taunt. 317*