Schultz v. Des Moines Mutual Hail & Cyclone Insurance
South Dakota Supreme Court
Appeal from Circuit Court, Marshall -County. Hon. Frank McNulty, Judge. Action by Thomas Schultz against the Des Moines Mutual Hail Insurance Association, to recover upon a policy of hail insurance. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (i) Under point one of the opinion, Appellant cited: Secs, io, 18 and 20, Defendant’s by-laws.
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Appeal from Circuit Court, Marshall -County. Hon. Frank McNulty, Judge. Action by Thomas Schultz against the Des Moines Mutual Hail Insurance Association, to recover upon a policy of hail insurance. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (i) Under point one of the opinion, Appellant cited: Secs, io, 18 and 20, Defendant’s by-laws. That the notice was sufficient; and cited: 29 Cyc. 173; Hansen v. Supreme Lodge K. H., 29 N. E. 1121 (111.); Thibut v. Supreme Lodge K. H., 81 N. W. 220 (Minn.) ; Benedict v. Grand Lodge A. O. U. W., 51 N. W. 371…
1Opinion of the CourtGates, J.
In. May, 1911, plaintiff made written application *629to -defendant for a policy of hail insurance, for the term of five crop years, upon his -crops on a section of land; the amount of insurance aggregating' $4,000. The defendant, as its name implies, is a mutual insurance association and is organized under the laws of the state of Iowa. The application contained the following obligation:
“For v-alue received, I promised to pay to the Des Moines Mutual Hail & -Cyclone Insurance Association, of Des Moines, Iowa, an annual premium of 6 per cent, on the face of my policy as follows: $...... on or…
2Cases cited11 opinions
- Continental Casualty Co. v. MatthisCourt of Appeals of Kentucky · 1912
- Clark Millinery Co. v. National Union Fire InsuranceSupreme Court of North Carolina · 1912
- Peever Mercantile Co. v. State Mutual Fire Ass'n of CantonSouth Dakota Supreme Court · 1909
- J. P. Lamb & Co. v. Merchants National Mutual Fire InsuranceNorth Dakota Supreme Court · 1908
- Miles v. Casualty Co. of AmericaNew York Supreme Court · 1909
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3Cited by4 opinions
- Good v. Farmers Mutual Hail Ins.South Dakota Supreme Court · 1931
- Korte v. LangSouth Dakota Supreme Court · 1933
- Alexander v. Home Ins.South Dakota Supreme Court · 1928
- Graham v. Alliance Hail Ass'nNorth Dakota Supreme Court · 1921