Smith v. Security Mutual Fire Insurance Co. of Chatfield
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. HoN. Joseph W. JONES, Judge. Action by Hlu'gfo Smith, Trustee in Bankruptcy, against the Security Mutual Fire Insurance Company of Chatfield, Minn., a corporation, to recover on a fire insurance policy. Erom a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
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Appeal from Circuit Court, Minnehaha County. HoN. Joseph W. JONES, Judge. Action by Hlu'gfo Smith, Trustee in Bankruptcy, against the Security Mutual Fire Insurance Company of Chatfield, Minn., a corporation, to recover on a fire insurance policy. Erom a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Appellant cited: Retail Merchants Fire Insurance Company 137 N. W. Rep. 46, 42 E. R. A. (N. -S.) 173; 29 S. D. 338, Sec. •2, Chap. 164, Raws lof 1909. Respondent cited: Fuller v. N. Y. Fire Ins. Co., 67 N. E. 879; Fuller v. Jameison, 90 N. Y., Supp. 456; May…
1Opinion of the CourtPolley, P. J.
This -action was brought to recoves on a fire insurance policy. The case has already 'been before this court upon an appeal from an order sustaining a demurrer to- plaintiff’s complaint. The order appealed from’ was -affirmed (29 S. D. 328, 137 N. W. 46, Ann. Cas. 1914D, 930) and the case remanded to the trial court where the complaint was amended. Upon trial the plaintiff recovered judgment, and defendant appeals.
The policy involved was issued on the 14th day of September; 1909, to one M. A. Satter, who, on that -date, was the owner of and in- the actual possession of the property insured.…
2Cases cited7 opinions
- Fuller v. New York Fire InsuranceMassachusetts Supreme Judicial Court · 1903
- Carey v. German American InsuranceWisconsin Supreme Court · 1893
- Marcello v. Concordia Fire InsuranceSupreme Court of Pennsylvania · 1912
- Gordon v. Mechanics' & Traders' Ins.Supreme Court of Louisiana · 1907
- Fuller v. JamesonAppellate Division of the Supreme Court of the State of New York · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Farmers Mutual Automobile Insurance v. BechardSouth Dakota Supreme Court · 1963
- Davenport v. Firemen's InsuranceSouth Dakota Supreme Court · 1924
- 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
- Farmers Mutual Automobile Insurance v. BechardSouth Dakota Supreme Court · 1963