Leu v. Commercial Mutual Fire Insurance
North Dakota Supreme Court
Appeal from District Court, Wells county; Glaspell, J. Action by L. A. Leu against the Commercial Mutual Fire Insurance Company of North Dakota. Judgment for plaintiff, and dedefendant appeals.
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Appeal from District Court, Wells county; Glaspell, J. Action by L. A. Leu against the Commercial Mutual Fire Insurance Company of North Dakota. Judgment for plaintiff, and dedefendant appeals. A contract that does not exclude wholly the determination of disputes by the ordinary legal tribunals but merely qualifies it by reasonable modes of arbitration is not invalid under section 3925, Rev. Codes 1899. Butler v. Tucker, 24 Wend. 447; Smith v. Brady, 17 N. Y. 173; Delaware & Hudson Canal Co. v. Pennsylvania Coal Co., SO N. Y. 250; Piolines v. Richet, 56 Cal. 307; Denver & New Orleans Const.…
1Opinion of the CourtEngerud, J.
Action to recover $500 on a fire insurance policy upon a stock of merchandise. Defendant demurred to the complaint on the ground that it did not state facts sufficient to disclose a cause of action. The demurrer, was overruled, and defendant appealed from the order.
The complaint alleges the execution and delivery of the policy, a copy of which is made part of the pleading; and after averring that the property insured was destroyed by fire and that the loss exceeded $500, the pleader alleges: “(6) That on or about Nov. 19, 1904, plaintiff gave defendant notice of loss, and also furnished and…
2Cases cited7 opinions
- Carroll v. Girard Fire Insurance of the City of PhiladelphiaCalifornia Supreme Court · 1887
- Mosness v. German-American Insurance Co. of New YorkSupreme Court of Minnesota · 1892
- Kahnweiler v. Phenix Ins. Co. of BrooklynCourt of Appeals for the Eighth Circuit · 1895
- Doyle v. Phœnix InsuranceCalifornia Supreme Court · 1872
- Carberry v. German Insurance Co. of Freeport, IllinoisWisconsin Supreme Court · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hatch v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1906