Kimball v. Horticultural Fire Relief
Oregon Supreme Court
From Marion: Percy R. Kelly, Judge. Statement by Mr. Chief Justice Moore. This action was commenced December 27, 1913, by E. M. Kimball, against the Horticultural Fire Relief of Oregon, a corporation, and. the Pacific Home Mutual Fire Insurance Company, a corporation, to recover the amount of an insurance policy by reason of the loss of quantities of grain, flour, bran, shorts and sacks by fire, which occurred April 21, 1911, and while the property was contained in the…
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From Marion: Percy R. Kelly, Judge. Statement by Mr. Chief Justice Moore. This action was commenced December 27, 1913, by E. M. Kimball, against the Horticultural Fire Relief of Oregon, a corporation, and. the Pacific Home Mutual Fire Insurance Company, a corporation, to recover the amount of an insurance policy by reason of the loss of quantities of grain, flour, bran, shorts and sacks by fire, which occurred April 21, 1911, and while the property was contained in the plaintiff’s mill at Jordan, Oregon. A copy of the policy having printed thereon the provisions of Section 4666, L. O. L., and…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
1. The court, over objection and exception, but with the promise that the testimony would subsequently be *136connected, permitted the plaintiff, as a witness in his own behalf, to state that after the fire he left with an attorney at Albany, Oregon, a package of papers pertaining to the loss; that some time thereafter these papers were taken to Salem in this state and left with another attorney, where they remained several months, and then were delivered to the attorney who instituted this action. No testimony was offered tending to render such sworn statements…
2Cases cited4 opinions
- Insurance Co. v. EgglestonSupreme Court of the United States · 1878
- Webster v. State Mutual Fire InsuranceSupreme Court of Vermont · 1908
- Dwelling House Insurance v. DowdallAppellate Court of Illinois · 1894
- Kimball v. Lower Columbia Fire Assn.Oregon Supreme Court · 1913
3Cited by22 opinions
- Paulson v. Western Life InsuranceOregon Supreme Court · 1981
- Moore v. Mutual of Enumclaw InsuranceOregon Supreme Court · 1993
- Scheetz v. IMT Ins. Co.(Mut.)Supreme Court of Iowa · 1982
- Mercer v. Germania Ins.Oregon Supreme Court · 1918
- Lyden v. GoldbergOregon Supreme Court · 1971
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