Legal Opinion

Lehde v. National Union Fire Insurance

North Dakota Supreme Court

Decided November 16, 1920PublishedCited by 7 opinions

Action upon a policy of crop insurance in District Court, Morton County, Crawford, J. From a judgment in favor of the plaintiff and from an order denying a judgment non obstante, or, in the alternative, for a new trial, the defendant has appealed. “What constitutes a reasonable time within which to declare a rescission is ordinarily a question of fact. It may, however, be a question of law, if the circumstances are such as to demonstrate unreasonable delay.” Mfg.

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Action upon a policy of crop insurance in District Court, Morton County, Crawford, J. From a judgment in favor of the plaintiff and from an order denying a judgment non obstante, or, in the alternative, for a new trial, the defendant has appealed. “What constitutes a reasonable time within which to declare a rescission is ordinarily a question of fact. It may, however, be a question of law, if the circumstances are such as to demonstrate unreasonable delay.” Mfg. Co. v. Troll, 69 Mo. App. 480; Publishing Co. v. Hull, 81 Mo. App. 280. “What is to be regarded as a reasonable time is, when the…

1Opinion of the CourtBronson, J.

This is an action upon a policy of crop insurance. The defendant, an insurance company, has appealed from a judgment in favor of the plaintiff and from an order denying judgment non obstante, or, in the alternative, for a new trial. The complaint alleges the issuance of a policy of insurance against the failure of crops from hail or any other causes except fire, flood, and winter kill, for the season of 1917, in the sum of $1,001 upon farm lands of the plaintiff, in Morton county; the partial destruction of the crops during the season through hail, dry weather, or hot winds; the adjustment of…

2Cases cited1 opinion

  1. Strobeck v. BlackmoreNorth Dakota Supreme Court · 1917

3Cited by7 opinions

  1. Rokusek v. National Union Fire InsuranceNorth Dakota Supreme Court · 1923
  2. Muhlhauser v. BeckerNorth Dakota Supreme Court · 1948
  3. Bauer v. National Union Fire InsuranceNorth Dakota Supreme Court · 1924
  4. In Re MillerUnited States Bankruptcy Court, D. North Dakota · 1985
  5. Wilkins v. National Union Fire InsuranceNorth Dakota Supreme Court · 1922

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