Reports of Cases Argued and Determined in the Supreme Court of Appeals of West Virginia, Svazek 39

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Strana 57 - A party is not to cast himself upon an obstruction which has been made by the fault of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right.
Strana 339 - It is true that a plaintiff in ejectment must rely on the strength of his own title, and not on the weakness of his adversary's...
Strana 724 - The general rule is that the validity of a contract is to be determined by the law of the state in which it is made; if...
Strana 692 - ... if the hazard be increased by any means within the control or knowledge of the insured...
Strana 694 - No rule in the interpretation of a policy is more fully established, or more imperative and controlling, than that which declares that in all cases it must be liberally construed in favor of the insured, so as not to defeat, without a plain necessity, his claim to the indemnity which, in making the insurance, it was his object to secure.
Strana 651 - notice of facts to an agent is constructive notice thereof to the principal himself, where it arises from or is at the time connected with the subjectmatter of his agency, for, upon general principles of public policy, it is presumed that the agent has communicated such facts to the principal, and if he has not, still the principal having intrusted the agent with the particular business, the other party has a right to deem his acts and knowledge obligatory upon the principal.
Strana 274 - The court instructs the jury, that if they find, from the evidence, that the plaintiff has made out his case by a preponderance of the evidence, as laid in his declaration, then the jury must find for the plaintiff.
Strana 317 - ... as it was lawful for him to do for the cause aforesaid, all of which the said defendant is ready to verify Douglass & McNutt, pd" This plea is bad for want of certainty.
Strana 679 - It is furthermore hereby expressly provided and mutually agreed that no suit or action against this company for the recovery of any claim by virtue of this policy shall be sustainable in any court of law or chancery, unless such suit or action shall be commenced within six months next after the...
Strana 640 - It is furthermore hereby provided and mutually agreed, that no suit or action against this company, for the recovery of any claim by virtue of this policy, shall be sustainable in any Court of Law or Chancery until after an award shall have been obtained fixing the amount of such claim in the manner above provided...

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