Greenberg v. German American Ins.
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Action by William Greenberg against the German American Insurance Company, a corporation. From a judgment in favor of plaintiff, defendant appeals. Department 2. Statement by Mr. Justice Burnett. This is an action for damages resulting from the breach of an alleged executory oral contract for insurance of property.
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From Multnomah: William N. Gatens, Judge. Action by William Greenberg against the German American Insurance Company, a corporation. From a judgment in favor of plaintiff, defendant appeals. Department 2. Statement by Mr. Justice Burnett. This is an action for damages resulting from the breach of an alleged executory oral contract for insurance of property. An original complaint which appears in the abstract of record was superseded by an amended complaint upon which the action was tried. It alleges the plaintiff’s ownership of the stock of goods in question, the corporate character of the…
1Opinion of the CourtJustice Burnett
1-4. It is unnecessary to consider any of the affirmative defenses. It is enough to give our attention to the sufficiency of the complaint upon which the action was tried. The original was supplanted by the new pleading of the plaintiff and cannot be considered in aid of his case: Wells v. Applegate, 12 Or. 208 (6 Pac. 770); Slemmons v. Thompson, 23 Or. 215, 220 (31 Pac. 514); Hume v. Woodruff, 26 Or. 373 (38 Pac. 191); Condon Nat. Bank v. Rogers, 60 Or. 189 (18 Pac. 846, Ann. Cas. 1914A, 101). The adequacy of the plaintiff’s statement of his cause of action may be questioned for the first…
2Cases cited19 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- United States v. HodsonSupreme Court of the United States · 1870
- Snell v. Insurance Co.Supreme Court of the United States · 1878
- Bank of the United States v. DANIELSupreme Court of the United States · 1838
- Lamborn v. County CommissionersSupreme Court of the United States · 1878
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3Cited by4 opinions
- Farley v. UNITED PACIFIC INSURANCE COMPANYOregon Supreme Court · 1974
- Franklin v. Western Pacific InsuranceOregon Supreme Court · 1966
- Greenberg v. German American Ins.Oregon Supreme Court · 1916
- Winn v. TaylorOregon Supreme Court · 1920