Miller v. State Insurance
Nebraska Supreme Court
Error from the district court of Sherman county. Tried below before Holcomb, J. A special limitation contained in a contract is valid and binding no matter what the general law of limitation may be. (Hudson v. Bishop, 35 Fed. Rep. 820; O’Laughlin v. TJmon Central Life Ins. Co., 3 McCrary [U. S.] 543; Riddlesbarger v. Hartford Ins. Co., 7 Wall. [U. S.] 386; Davidson v. Phoenix Ins. Co., 4 Sawyer [U. S.] 594; Thompson v. Phoenix Ins. Co., 25 Fed.
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Error from the district court of Sherman county. Tried below before Holcomb, J. A special limitation contained in a contract is valid and binding no matter what the general law of limitation may be. (Hudson v. Bishop, 35 Fed. Rep. 820; O’Laughlin v. TJmon Central Life Ins. Co., 3 McCrary [U. S.] 543; Riddlesbarger v. Hartford Ins. Co., 7 Wall. [U. S.] 386; Davidson v. Phoenix Ins. Co., 4 Sawyer [U. S.] 594; Thompson v. Phoenix Ins. Co., 25 Fed. Rep. 296; Arthur v. Homestead Fire Ins. Co., 78 N. Y. 462; De Grove v. Metropolitan Ins. Go., 61 N. Y. 594; Wilkinson v. First Nat. Fire Ins. Co., 72…
1Opinion of the Court
Ragan, C.
Eugene Miller files here a petition in error to review a judgment of the district court of Sherman county dismissing an action brought therein by him against the State Insurance Company of Des Moines, Iowa.
Miller’s suit was upon an ordinary insurance policy issued by the defendant in error agreeing to indemnify him for any loss the insured property might sustain by reason of fire or lightning within a certain time. The policy provided that the insurance company should not be liable for any loss thereunder unless a suit for such loss was brought within six months of the date of the…
2Cases cited3 opinions
- Eagle Insurance v. Lafayette InsuranceIndiana Supreme Court · 1857
- Barnes v. McMurtryNebraska Supreme Court · 1890
- Phenix Insurance v. Rad Bila Hora LodgeNebraska Supreme Court · 1894
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- Grand View Building Ass'n v. Northern Assurance Co.Nebraska Supreme Court · 1905
- Dunlop Tire & Rubber Corp. v. RyanNebraska Supreme Court · 1961
- Avondale v. Sovereign Camp, Woodmen of the WorldNebraska Supreme Court · 1938
- Young v. Order of United Commercial Travelers of AmericaNebraska Supreme Court · 1942
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