Emmons v. Home Insurance

Superior Court of Delaware

Emmons v. Home Insurance

39 A. 775, 17 Del. 83, 1 Penne. 83, 1897 Del. LEXIS 38

DecidedNovember 24, 1897

StatusPublished

This text of 39 A. 775 (Emmons v. Home Insurance) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Emmons v. Home Insurance, 39 A. 775, 17 Del. 83, 1 Penne. 83, 1897 Del. LEXIS 38 (Del. Ct. App. 1897).

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Opinion

Borp, C. J:—

It was an act of special caution on the part of the defendant to make this special plea, but it will be noted that the plaintiff is bound to aver in his narr and negative these conditions, and he has so negatived the same. The general issue raises distinctly that specific question, and your special plea only duplicates it. And we are therefore very clear that it ought to go out and that you can prove this matter under the general issue. There is no doubt about it.

We therefore make the order to strike out the second plea.

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Borp, C. J:—

It was an act of special caution on the part of the defendant to make this special plea, but it will be noted that the plaintiff is bound to aver in his narr and negative these conditions, and he has so negatived the same. The general issue raises distinctly that specific question, and your special plea only duplicates it. And we are therefore very clear that it ought to go out and that you can prove this matter under the general issue. There is no doubt about it.

We therefore make the order to strike out the second plea.

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Bluebook (online)

39 A. 775, 17 Del. 83, 1 Penne. 83, 1897 Del. LEXIS 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emmons-v-home-insurance-delsuperct-1897.