Legal Opinion

Wachsmuth v. Orient Insurance

Nebraska Supreme Court

Decided November 5, 1896No. 6787PublishedCited by 18 opinions

Error to the district court for Wayne county. Tried below before Jackson, J. Tbe facts are stated by the commissioner. The special finding of the court is a part of the record in the case and is binding between the parties. (Davis v. Neligh, 7 Neb., 78; Birdsall v. Garter, 11 Neb., 143; Rogers v. Sample, 28 Neb., 141; Scott v. Chope, 33 Neb., 41; Smith v. First Nat.

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Error to the district court for Wayne county. Tried below before Jackson, J. Tbe facts are stated by the commissioner. The special finding of the court is a part of the record in the case and is binding between the parties. (Davis v. Neligh, 7 Neb., 78; Birdsall v. Garter, 11 Neb., 143; Rogers v. Sample, 28 Neb., 141; Scott v. Chope, 33 Neb., 41; Smith v. First Nat. Bank of Chadron, 45 Neb., 444; Causer v. Schifflxmcr, 40 Neb., 633; Smith v. Finney, 2 Neb., 139; Thompson v. Connecticut Mutual Life Ins. Co., 38 N. E. Rep. [Ind.], 796; Dowell v. Talbot Faring Co., 38 N. E. Rep. [Ind.], 389;…

1Opinion of the Court

Irvine, C.

This was an action by the plaintiffs in error to recover on a policy of fire insurance. The policy had been written on a stock of merchandise. One of the issues litigated at the trial was the amount of the loss. It was claimed by the plaintiffs that a large portion of the goods had been totally destroyed, and an adjustment effected by the parties placed the value of goods saved from the fire at $7,925.05, and the damage sustained by those saved at $783.46. There was a large amount of concurrent insurance on the stock. The trial was to the court without a jury. The finding was made,…

2Cases cited10 opinions

  1. Insurance Co. v. BoonSupreme Court of the United States · 1877
  2. Kahn v. Smelting Co.Supreme Court of the United States · 1881
  3. North v. PetersSupreme Court of the United States · 1891
  4. School District Number One v. BishopNebraska Supreme Court · 1896
  5. Wiley v. SharsNebraska Supreme Court · 1887

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

3Cited by18 opinions

  1. Delta Air Lines, Inc. v. AugustSupreme Court of the United States · 1981
  2. Andrade v. AndradeArizona Supreme Court · 1912
  3. School District No. 3 v. Western Tube Co.Wyoming Supreme Court · 1905
  4. Slobodisky v. CurtisNebraska Supreme Court · 1899
  5. Southwestern Cotton Seed Oil v. the Bank of StroudSupreme Court of Oklahoma · 1902

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

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