Phenix Insurance v. Omaha Loan & Trust Co.
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Waiceley, J. The facts are'Stated by the commissioner. The alienation of the property by Crew avoided the policy. ([Hale v. Mechanics Mutual Fire Ins. Co., 6 Gray [Mass.], 169; Loving v. Manufacturers Ins. Co., 8 Gray [Mass.], 28; Crosvenor v. Atlantic Ins. Co., 17 N. Y., 391; State Mutual Fire Ins. Co. v. Roberts, 31 Pa. St., 438; Buffalo Steam Engine Works v. Sun Mutual Ins.
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Error from the district court of Douglas county. Tried below before Waiceley, J. The facts are'Stated by the commissioner. The alienation of the property by Crew avoided the policy. ([Hale v. Mechanics Mutual Fire Ins. Co., 6 Gray [Mass.], 169; Loving v. Manufacturers Ins. Co., 8 Gray [Mass.], 28; Crosvenor v. Atlantic Ins. Co., 17 N. Y., 391; State Mutual Fire Ins. Co. v. Roberts, 31 Pa. St., 438; Buffalo Steam Engine Works v. Sun Mutual Ins. Co., 17 N. Y., 401; Pupke v. Resolute Fire Ins. Co., 17 Wis., 389; Lawrence v. Holyoke Ins. Co., 11 Allen [Mass.], 387; Gasner v. Metropolitan Ins.…
1Opinion of the Court
Ragan, C.
The Omaha Loan & Trust Company (hereinafter called the “Trust Company”) sued the Phenix Insurance Company of Brooklyn, New York (hereinafter called the “Insurance Company ”), in the district court of Douglas county to recover the value of certain property destroyed by fire and insured by the Insurance Company. The Trust Company had judgment and the Insurance Company brings the case here for review. The material facts in the case are: In February, 1886, One Nathaniel S. Crew was the owner of a tract of land in Buffalo county, Nebraska, on which were situate a barn and some other…
2Cases cited5 opinions
- Hastings v. . Westchester Fire Ins. Co.New York Court of Appeals · 1878
- Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Hartford Fire Insurance v. OlcottIllinois Supreme Court · 1881
- Cone v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1875
- City Five Cents Savings Bank v. Pennsylvania Fire InsuranceMassachusetts Supreme Judicial Court · 1877
3Cited by29 opinions
- Bacot v. Phoenix Insurance Co. of BrooklynMississippi Supreme Court · 1909
- Hanover Fire Insurance v. BohnNebraska Supreme Court · 1896
- Laurenzi v. Atlas Ins.Tennessee Supreme Court · 1915
- Walker v. Queen Insurance Co.Supreme Court of South Carolina · 1926
- Haas v. Mutual Life InsuranceNebraska Supreme Court · 1909
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