Stevens v. Equity Mutual Fire Insurance
Montana Supreme Court
Appeal from District Court, Hill County; Charles A. Bose, Judge. Action by William W. Stevens against the Equity Mutual Fire Insurance Company. Judgment for plaintiff, and defendant appeals. The defendant was entitled to a jury on the issues of fact raised by the legal defenses. (Chessman v. Hale, 31 Mont. 577, 3 Ann.
Read the full summary
Appeal from District Court, Hill County; Charles A. Bose, Judge. Action by William W. Stevens against the Equity Mutual Fire Insurance Company. Judgment for plaintiff, and defendant appeals. The defendant was entitled to a jury on the issues of fact raised by the legal defenses. (Chessman v. Hale, 31 Mont. 577, 3 Ann. Cas. 1038, 68 L. R. A. 410, 79 Pae. 254.) If the plaintiff in the Chessman Case was entitled to a jury to determine his right to damages, although asking for the equitable relief of an injunction to restrain further acts, then by the same token, the defendant in this action…
1Opinion of the Court
MR. COMMISSIONER FELT
prepared the opinion for the court.
The plaintiff brought this action to reform a policy of fire insurance and to recover the amount due thereon after loss of *467the property covered by the insurance. Before the witnesses were sworn and any testimony was offered in the case, the defendant requested that a jury be impaneled for the trial of the case, which request was denied by the court upon the ground that the action was one in equity, and thereupon the court proceeded with the trial sitting without a jury. Honorable William A. Clark, one of the judges of the fifth judicial…
2Cases cited10 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Suravitz v. Prudential InsuranceSupreme Court of Pennsylvania · 1914
- People's Fire Insurance v. GoyneSupreme Court of Arkansas · 1906
- Chessman v. HaleMontana Supreme Court · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Henry v. Southern Fire & Casualty CompanyCourt of Appeals of Tennessee · 1958
- Commercial Standard Ins. Co. v. PaulCourt of Appeals of Tennessee · 1951
- State Ex Rel. United States Fidelity & Guaranty Co. v. District CourtMontana Supreme Court · 1926
- City of Lawrenceburg v. Maryland Casualty Co.Court of Appeals of Tennessee · 1933
- Fender v. FoustMontana Supreme Court · 1928
8 more not listed; retrieve them via the Exa API.