Phenix Insurance v. Rollins
Nebraska Supreme Court
Error from tlie district court of Lancaster county. Tried below before Tuttle, J. The facts are stated in the opinion. The provision for suspending the policy in case of default in payment of the premium note is not Unreasonable. (Phenix Ins. Co. v. Baehelcler, 32 Neb., 490 ; St. Paul Fire & Marine Ins. Co. v. Coleman, 43 N. W. Rep. [Dak.], 693; Williams v. Albany City Ins.
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Error from tlie district court of Lancaster county. Tried below before Tuttle, J. The facts are stated in the opinion. The provision for suspending the policy in case of default in payment of the premium note is not Unreasonable. (Phenix Ins. Co. v. Baehelcler, 32 Neb., 490 ; St. Paul Fire & Marine Ins. Co. v. Coleman, 43 N. W. Rep. [Dak.], 693; Williams v. Albany City Ins. Co., 19 Mich., 465.) The judgment of the court below is in violation of the principle that parties have the right to make their own contract, and that where one party does all he agreed to do, and gives all that he agreed…
1Opinion of the CourtNoe val, C. J.
This suit is on a promissory note for the sum of $40, bearing date July 10, 1887, due in one year, made by the defendant in payment of the premium upon a policy of fire insurance issued to him by the plaintiff. Upon the trial the court rendered judgment against the defendant for the sum of $19.28. To review this judgment is the object of this proceeding. The only contention here is that the verdict is contrary to the law and the evidence. The cause was tried and decided in the court below upon the following stipulation of facts:
“ It is admitted that the defendant executed the note hereto…
2Cases cited12 opinions
- Williams v. Albany City InsuranceMichigan Supreme Court · 1870
- American Insurance v. StoyMichigan Supreme Court · 1879
- Phenix Ins. v. BachelderNebraska Supreme Court · 1891
- Nebraska & Iowa Ins. v. ChristiensenNebraska Supreme Court · 1890
- Palmer v. SawyerMassachusetts Supreme Judicial Court · 1873
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3Cited by4 opinions
- Viallet v. Consolidated Ry. & Power Co.Utah Supreme Court · 1906
- McEvoy v. Nebraska & Iowa InsuranceNebraska Supreme Court · 1896
- Higgins v. Old Line InsuranceNebraska Supreme Court · 1932
- Union Mutual Life Insurance v. AdlerIndiana Court of Appeals · 1905