Smith v. Retail Merchants' Fire Ins.
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Hugh Smith, assignee in bankruptcy of one Satter, the insured, and by L,. J. Walker, plaintiff as intervenor, as assignee of the property insured, upon a policy of fire insurance, against the Retail Merchants’ Fire Insurance Company. From a judgment for defendant upon demurrer to the complaint, plaintiffs appeal.
Read the full summary
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Hugh Smith, assignee in bankruptcy of one Satter, the insured, and by L,. J. Walker, plaintiff as intervenor, as assignee of the property insured, upon a policy of fire insurance, against the Retail Merchants’ Fire Insurance Company. From a judgment for defendant upon demurrer to the complaint, plaintiffs appeal. I think it clearly appears from the intervenor’s brief that the court erred in holding that the complaint of intervention did not state facts sufficient to constitute a cause of action, and I refer…
1Opinion of the CourtMeCOY, P. J.
The -complaint of plaintiff, in so far as is material to a consideration of the question presented on this appeal are concerned, in substance, states that on the 25th day of September, 1909, defendant issued to one Satter a certain policy of fire insurance for $1,000 upon a certain stock of merchandise then owned by Satter at Carthage, S. D., and thereby insured said merchandise ag'ainst loss by fire for the period of one-year; that on May 31, 1910, said Satter was adjudged an involuntary bankrupt, and plaintiff appointed and qualified as trustee in said bankruptcy proceedings; that on the…
2Cases cited6 opinions
- Corkery v. Security Fire InsuranceSupreme Court of Iowa · 1896
- McCormick v. Springfield Fire & Marine Ins. Co.California Supreme Court · 1885
- Bradley v. German-American InsuranceCourt of Appeals of Kansas · 1901
- Fuller v. Phœnix Ins.Supreme Court of Iowa · 1883
- Mount Leonard Milling Co. v. Liverpool & London & Globe InsuranceMissouri Court of Appeals · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Belatti v. Western Grain Dealers Mut. Fire Ins.South Dakota Supreme Court · 1931
- Day v. Northwest German Farmers' Mutual Ins.South Dakota Supreme Court · 1930
- Smith v. Retail Merchants' Fire Insurance Co.South Dakota Supreme Court · 1916