Savage v. Phœnix Insurance
Montana Supreme Court
Appeal from, Seventh Judicial District, Ouster Comity. Action upon an insurance policy. The cause was tried before Milburn, J. Plaintiff had judgment below. Statement of facts, prepared by the judge delivering the opinion.
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Appeal from, Seventh Judicial District, Ouster Comity. Action upon an insurance policy. The cause was tried before Milburn, J. Plaintiff had judgment below. Statement of facts, prepared by the judge delivering the opinion. This is an action to recover $800 insurance, alleged to be owing aud due respondent by virtue of an insurance policy issued by appellant to respondent, whereby the former insured the latter against loss or damage of certain household furniture, situate in a certain dwelling-house in Miles City, Custer County, Montana, by fire, and the subsequent damage in part, and total…
1Opinion of the Court
Harwood, J.—
Appellant’s counsel first insist that a party pleading a conditional contract, setting out its terms, and stating the cause of action thereon, cannot, after demurrer is sustained, upon leave of court allowing an amendment, “plead another and different contract, unconditional in its character and legal effect, showing a different cause of action from that originally stated.”
This may be granted, and we do not see that the proposition is applicable to the case at bar. It is not pointed out how any such departure occurred in the pleadings filed in this case. The cause of action…
2Cases cited2 opinions
- Randall v. American Fire InsuranceMontana Supreme Court · 1891
- Swenson v. KleinschmidtMontana Supreme Court · 1891
3Cited by4 opinions
- Farmers Mutual Insurance v. TankersleyAlabama Court of Appeals · 1915
- Harrington v. Bremer County Farmers Mutual Fire InsuranceSupreme Court of Iowa · 1926
- Johnson v. Rocky Mountain Fire InsuranceMontana Supreme Court · 1924
- Petersen v. Ohio Casualty InsuranceNebraska Supreme Court · 1936