Michigan Idaho Lumber Co. v. Northern Fire & Marine Insurance
North Dakota Supreme Court
Action to recover for a fire insurance loss. Appeal from District Court of Grand Forks County, Chas. M. Cooley, J. Judgment for plaintiff. Defendant appeals. Statement of facts by Bruce, J. This is an appeal from an order of the district court denying the defendant and appellants motion for judgment non obstante veredicto or in the alternative for a new trial, and which motion had been made after a verdict had been directed for the plaintiff.
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Action to recover for a fire insurance loss. Appeal from District Court of Grand Forks County, Chas. M. Cooley, J. Judgment for plaintiff. Defendant appeals. Statement of facts by Bruce, J. This is an appeal from an order of the district court denying the defendant and appellants motion for judgment non obstante veredicto or in the alternative for a new trial, and which motion had been made after a verdict had been directed for the plaintiff. The claim arises out of a fire loss. The action was brought after the dishonoring by the defendant company of a draft which was given in settlement of…
1Opinion of the CourtBruce, J.
(after stating the facts as above). The plaintiff maintains that the action is primarily broxight upon the draft and upon the contract of settlement and adjustment which it represented rather than upon the insurance policy, and that what is said in the complaint in regard to the insurance policy is merely surplusage, or at the most merely relates to the consideration. ~ '
*270In this contention we believe that the plaintiff is correct, and that the action is based upon the allegation of the complaint which alleges “that on'or about the 28th day of April, 1914, the loss under the policy…
2Cases cited11 opinions
- Smith v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Mokotock Insurance v. Rodefer Bros.Supreme Court of Virginia · 1896
- Leisen v. St. Paul Fire & Marine InsuranceNorth Dakota Supreme Court · 1910
- McCabe Bros. v. Aetna InsuranceNorth Dakota Supreme Court · 1899
- Johnson v. Farmers' Insurance Co.Supreme Court of Iowa · 1905
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hurd v. Maine Mutual Fire InsuranceSupreme Judicial Court of Maine · 1942
- Ulledalen v. the United States Fire Ins. Co.North Dakota Supreme Court · 1946
- Howrey v. Star Insurance Co. of AmericaWyoming Supreme Court · 1934
- Transamerica Insurance v. Glacier General Assurance Co.Montana Supreme Court · 1974
- Transamerica Ins. Co. v. Glacier GeMontana Supreme Court · 1974
1 more not listed; retrieve them via the Exa API.