Billings v. German Ins.
Nebraska Supreme Court
Error to the district court for Richardson county. Tried below before Broady, J. Having paid the mortgage Billings had the right to sue on the policy. {Ins. Co. v. Davenport, 37 Mich., 613; Hatch v. Ins. Co., 13 Rep. [Colo.], 293; Coates v. Ins. Co., 58 Md., 172; Art. 18, Am. L. Reg., 737; V. F.& M. Ins. Co. v. Feagin, 9 Rep. [Ga], 173.) On the question of waiver: Butz v. Ins. Co., 76 Mich., 263; Phoenix Ins. Co. v. Barnd, 16 Neb., 90; Oshkosh G. L. Co. v. Ins.
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Error to the district court for Richardson county. Tried below before Broady, J. Having paid the mortgage Billings had the right to sue on the policy. {Ins. Co. v. Davenport, 37 Mich., 613; Hatch v. Ins. Co., 13 Rep. [Colo.], 293; Coates v. Ins. Co., 58 Md., 172; Art. 18, Am. L. Reg., 737; V. F.& M. Ins. Co. v. Feagin, 9 Rep. [Ga], 173.) On the question of waiver: Butz v. Ins. Co., 76 Mich., 263; Phoenix Ins. Co. v. Barnd, 16 Neb., 90; Oshkosh G. L. Co. v. Ins. Co., 71 Wis., 454; Titus v. Ins. Co., 81 N. Y., 410; Ins. Co. v. Norton, 96 U. S., 234; Ins. Co. v. Kittle, 39 Mich., 54; Brink v.…
1Opinion of the Court
Maxwell, Ch., J.
This is an action upon a policy of insurance against loss by fire. The property insured was a frame barn situated on the plaintiff’s farm in Richardson county. The policy was issued April 12, 1886, for five years, and the barn was ■destroyed by fire September 14, 1889.
The defendant filed an amended answer, in which it admits that it received the premium and issued the policy as alleged, but it avers that after said policy was delivered it became void for two reasons:
First — Because on July 20,1888, a suit was commenced in the district court of said county of Richardson by the…
2Cases cited9 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Hollis v. State InsuranceSupreme Court of Iowa · 1884
- Webster v. Phœnix InsuranceWisconsin Supreme Court · 1874
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- Tillis v. Liverpool & London & Globe InsuranceSupreme Court of Florida · 1903
- St. Paul Fire & Marine Insurance v. RuddyCourt of Appeals for the Eighth Circuit · 1924
- Home Fire Insurance v. KuhlmanNebraska Supreme Court · 1899
- Jensen v. Palatine InsuranceNebraska Supreme Court · 1908
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