Legal Opinion

Western Nat. Life Ins. v. Williamson-Halsell-Frasier Co.

Supreme Court of Oklahoma

Decided April 5, 1913No. 2472PublishedCited by 10 opinions

Error from District Court, Pottawatomie County; Roy Hoffman, Judge. Action by the Williamson-Halsell-Frasier Company against the Western National Life Insurance Company to recover on a fire insurance policy. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

Opinion by

AMES, C.

W. J. Grace was the insured. The plaintiff was one of his creditors. Grace’s stock of merchandise was totally destroj^ed by fire. A day of two after the fire Grace assigned his claim against the insurance company to the plaintiff as collateral security. The plaintiff sued and recovered judgment.

The first error assigned is that the court erred in giving the following instruction:

“The jury is instructed that the failure of the insured to produce the books and inventories as required by the policy of fire insurance means a failure to produce them if they are in existence when…

2Cases cited17 opinions

  1. Grand Lodge Independent Order of Mutual Aid v. WietingIllinois Supreme Court · 1897
  2. Commonwealth v. ReaganMassachusetts Supreme Judicial Court · 1900
  3. In re Valentine's WillWisconsin Supreme Court · 1896
  4. Gish v. Insurance Co. of North AmericaSupreme Court of Oklahoma · 1905
  5. Shawnee Fire Ins. Co. v. Thompson RowellSupreme Court of Oklahoma · 1911

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

3Cited by10 opinions

  1. Coppi v. West American InsuranceNebraska Supreme Court · 1994
  2. Schaff v. CoyleSupreme Court of Oklahoma · 1925
  3. Orient Ins. Co. v. Van Zant-Bruce Drug Co.Supreme Court of Oklahoma · 1915
  4. Allen v. KinnibrughSupreme Court of Oklahoma · 1923
  5. Chicago, R. I. & P. R. Co. v. CottonSupreme Court of Oklahoma · 1917

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

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