First National Bank v. Dakota Fire & Marine Insurance
South Dakota Supreme Court
Appeal .from circuit court, Davison county. Hon. D. Haney, Judge. Action by First National Bank of Baton Rouge against the Dakota Fire & Marine Insurance Company, on a fire insurance policy. Judgment was rendered for plaintiff, and' defendant appeals. The facts are stated in the opinion.
Read the full summary
Appeal .from circuit court, Davison county. Hon. D. Haney, Judge. Action by First National Bank of Baton Rouge against the Dakota Fire & Marine Insurance Company, on a fire insurance policy. Judgment was rendered for plaintiff, and' defendant appeals. The facts are stated in the opinion. The facts constituting a cause of action must be stated in the complaint with sufficient clearness and fulness to enable the court to see that upon the facts stated the plaintiff is entitled to the relief demanded, or at least to relief. If the complaint is on a contract its terms and conditions should be set…
1Opinion of the Court
Fuller J.
This was an action on a fire insurance policy .covering certain property mentioned.in the complaint, and par*426ticularly described in said policy of insurance, to the provisions of which the pleader directs special attention by making profert thereof, and by attaching the same to his complaint, and by the use of the following averment: ‘ ‘Which property is more fully described in the policy of insurance, a copy of which is hereunto annexed, marked ‘Exhibit A,’ and is expressly made a part of this complaint.’’ From the recitals of this policy, we quote the following: “The amount of loss…
2Cases cited5 opinions
- Cowan v. Phenix InsuranceCalifornia Supreme Court · 1889
- Doyle v. Phœnix InsuranceCalifornia Supreme Court · 1872
- C. Aultman & Co. v. SiglingerSouth Dakota Supreme Court · 1892
- Carberry v. German Insurance Co. of Freeport, IllinoisWisconsin Supreme Court · 1881
- Perry v. Phœnix Assurance Co.U.S. Circuit Court for the District of Rhode Island · 1881
3Cited by5 opinions
- Sogn v. KoetzleSouth Dakota Supreme Court · 1916
- Smith v. Franklin Fire InsuranceMontana Supreme Court · 1921
- Cranmer v. KohnSouth Dakota Supreme Court · 1898
- Murtha v. HowardSouth Dakota Supreme Court · 1905
- Oregon-Washington Water Service Co. v. City of HoquiamCourt of Appeals for the Ninth Circuit · 1928