Legal Opinion

Excelsior Foundry Co. v. Western Assurance Co.

Michigan Supreme Court

Decided January 26, 1904No. Docket No. 54PublishedCited by 9 opinions

Error to Bay; Shepard, J. Assumpsit by the Excelsior Foundry Company against the Western Assurance Company on a policy of insurance. From a judgment for defendant on verdict directed by the court, plaintiff brings error.

1Opinion of the CourtMoore, C. J.

This is a suit to recover an insurance loss. The circuit judge directed a verdict in favor of defendant. The plaintiff brings the case here hy writ of error.

It is conceded that, if anything is due plaintiff, it is the sum of $8?0 and interest. The insurance policy contains, a provision that the policy shall be void “ if any change, other than by the death of an insured, take place in the interest, title, or possession of the subject of insurance,” etc. The sole question is whether, after the policy was obtained, there was such a change in the interest of the insured in the property at the…

2Cases cited11 opinions

  1. Ayres v. Hartford Fire InsuranceSupreme Court of Iowa · 1864
  2. Wm. Skinner & Sons' Ship-Building & Dry-Dock Co. v. HoughtonCourt of Appeals of Maryland · 1900
  3. Erb v. German-American InsuranceSupreme Court of Iowa · 1897
  4. Fire Ass'n of Philadelphia v. FlournoyTexas Supreme Court · 1892
  5. Morrison's Administrator v. Tennessee Marine & Fire InsuranceSupreme Court of Missouri · 1853

6 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Kamm & Schellinger Brewing Co. v. St. Joseph County Village Fire InsuranceMichigan Supreme Court · 1912
  2. Ornatowski v. National Liberty Ins. Co. of AmericaMichigan Supreme Court · 1939
  3. Zeitler v. Concordia Fire InsuranceMichigan Supreme Court · 1912
  4. Mechanics' & Traders' Ins. Co. v. DavisCourt of Appeals of Texas · 1914
  5. Gourlay v. Insurance Co. of North AmericaMichigan Supreme Court · 1914

4 more not listed; retrieve them via the Exa API.

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