Marysville Mercantile Co. v. Home Fire Insurance
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District for Fremont County. Hon. J. M. Stevens, Judge. An action to recover upon an insurance policy. Judgment for plaintiff. Defendant appeals. There was never any consideration for the agreement, or the issuing of the policy, and the minds of the parties never met.
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APPEAL from the District Court of the Sixth Judicial District for Fremont County. Hon. J. M. Stevens, Judge. An action to recover upon an insurance policy. Judgment for plaintiff. Defendant appeals. There was never any consideration for the agreement, or the issuing of the policy, and the minds of the parties never met. Neither the insurance company nor its agent executed a contract of insurance, or was conscious of the fact that any agreement to that effect had ever been made. Neither was there a policy of insurance issued or delivered, or ever in the possession of respondent or its agent.…
1Opinion of the CourtStewart, C. J.
This action was brought to recover the sum of $1,793.68, alleged to be due for damages sustained by the respondent by loss of property in a fire alleged to have occurred on June 15,1908, under a policy of insurance alleged to have been written and delivered to the respondent by the appellant for the sum of $2,000, and upon an adjustment of the loss sustained by respondent arising by reason of said fire, and the promise to pay such adjustment as a settlement of the liability of the defendant on account of said policy of insurance.
The case was tried before a jury and a general verdict was…
2Cases cited16 opinions
- Western Assurance Co. v. McAlpinIndiana Court of Appeals · 1899
- Steve v. Bonners Ferry Lumber Co.Idaho Supreme Court · 1907
- Watson v. MoldenIdaho Supreme Court · 1905
- Illinois Mutual Fire Insurance v. ArchdeaconIllinois Supreme Court · 1876
- McCabe Bros. v. Aetna InsuranceNorth Dakota Supreme Court · 1899
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Webster v. Potlatch Forests, Inc.Idaho Supreme Court · 1947
- Wanke v. Ziebarth Const. Co.Idaho Supreme Court · 1948
- Fuchs v. LloydIdaho Supreme Court · 1958
- Western Heritage Insurance v. GreenIdaho Supreme Court · 2002
- Grant v. St. James Mining Co.Idaho Supreme Court · 1920
6 more not listed; retrieve them via the Exa API.