Waller v. City of New York Ins.
Oregon Supreme Court
From Multnomah: T. E. J. Duffy, Judge. Action by Frank L. "Waller against tke City of New York Insurance Company, a corporation, to recover for loss by fire of a building occupied as a dwelling, that was insured in the defendant company. From the verdict of a jury in favor of plaintiff, defendant appeals. Reversed and remanded. Department 1. Statement by Mr. Justice Burnett.
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From Multnomah: T. E. J. Duffy, Judge. Action by Frank L. "Waller against tke City of New York Insurance Company, a corporation, to recover for loss by fire of a building occupied as a dwelling, that was insured in the defendant company. From the verdict of a jury in favor of plaintiff, defendant appeals. Reversed and remanded. Department 1. Statement by Mr. Justice Burnett. This is an action by the assured to recover on a policy of insurance in the standard statutory form for loss by fire of property described as a one and one-half story frame building and its additions occupied as a…
1Opinion of the CourtJustice Burnett
delivered tbe opinion of tbe court.
One of the questions urged on appeal is whether tbe plaintiff was the sole and unconditional owner of tbe property within tbe meaning of the policy and held tbe fee-simple estate in tbe ground on which tbe burned bouse was situated. From tbe documentary evidence on file it appears tbat tbe North Portland Investment Company contracted with the plaintiff’s predecessor in interest to sell to him and tbe latter agreed to buy tbe realty on which stood tbe destroyed building, upon bis payment of certain sums of money which be agreed to pay, and tbat in pursuance…
2Cases cited29 opinions
- Phenix Ins. v. KerrCourt of Appeals for the Eighth Circuit · 1904
- Clay Fire & Marine Insurance v. Huron Salt & Lumber Manufacturing Co.Michigan Supreme Court · 1875
- Phenix Insurance v. HilliardSupreme Court of Florida · 1910
- Anderson v. AdamsOregon Supreme Court · 1903
- McCollough v. Home Ins. Co. of N.Y.California Supreme Court · 1909
24 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Lamb-Weston, Inc. v. Oregon Automobile InsuranceOregon Supreme Court · 1959
- Strong v. MooreOregon Supreme Court · 1922
- Mercer v. Germania Ins.Oregon Supreme Court · 1918
- Baden v. Sunset Fuel Co.Oregon Supreme Court · 1960
- Carty v. McMenamin & WardOregon Supreme Court · 1923
19 more not listed; retrieve them via the Exa API.