Hartford Fire Insurance v. Kahn
Wyoming Supreme Court
ERROR to District Court of Laramie County, IIoN. Richard EL Soott, Judge. Action on a fire insurance policy. The facts are fully stated by Mr. Justice Clark, who delivered the opinion of the court. The petition is insufficient for failure to aver a subsisting contract of insurance at the time of the fire. The copy of the policy attached to the petition is no part of it, and cannot be referred to to supply essential omitted allegations. (Johnson v. Nome Ins.
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ERROR to District Court of Laramie County, IIoN. Richard EL Soott, Judge. Action on a fire insurance policy. The facts are fully stated by Mr. Justice Clark, who delivered the opinion of the court. The petition is insufficient for failure to aver a subsisting contract of insurance at the time of the fire. The copy of the policy attached to the petition is no part of it, and cannot be referred to to supply essential omitted allegations. (Johnson v. Nome Ins. Co., 3 Wyo., 140; Larimore v. Wells, 29 0. St., 13; Memphis Med. Col. v. Newton, 2 Handy, 163; Olney v. Watts, 43 0. St., 499; Curry v.…
1Opinion of the Court
Clark, Justice.
Statement of Facts. — This was an action brought by defendant in error against plaintiff in error in the district court of the county of Laramie to recover upon a policy of insurance issued by the latter. The petition filed in the court below, April 16, 1891, was as follows:
“The above named plaintiff complains of the above named “defendant, and for cause of action alleges as follows, to wit:
“1. That the defendant is a corporation duly created by “and under the laws of the State of Connecticut, and doing *369“business in the State of Wyoming as a fire insurance company.
“2. That on…
2Cases cited7 opinions
- Trustees of the First Baptist Church v. Brooklyn Fire InsuranceNew York Court of Appeals · 1863
- Campbell v. CrossIndiana Supreme Court · 1872
- Strohn v. Hartford Fire InsuranceWisconsin Supreme Court · 1875
- Schroeder v. Trade Insurance Co. CamdenIllinois Supreme Court · 1883
- Jaeger v. HartmanSupreme Court of Minnesota · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Grover Irrigation & Land Co. v. Lovella Ditch, Reservoir & Irrigation Co.Wyoming Supreme Court · 1913
- Claughton v. JohnsonWyoming Supreme Court · 1935
- Rosenblum v. Sun Life Assur. Co. of CanadaWyoming Supreme Court · 1937
- Sidlo, Simons, Day & Co. v. PhillipsWyoming Supreme Court · 1935
- Stephens v. American Fire InsuranceUtah Supreme Court · 1896