Harding v. Norwich Union Fire Ins Society
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action upon a policy of fire insurance. Plaintiff had judgment apd defendant appeals. The facts are stated in the opinion. There was a defect of parties plaintiff, and the plea in abatement should have been sustained; Comp. Laws, § 4912; 1 Eucyc.
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Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action upon a policy of fire insurance. Plaintiff had judgment apd defendant appeals. The facts are stated in the opinion. There was a defect of parties plaintiff, and the plea in abatement should have been sustained; Comp. Laws, § 4912; 1 Eucyc. PI. & Pr., 14. All persons having an interest in the subject of the action should be joined as plaintiffs, or be made defendants.- Id. §§ 4877, 4879, 4885; Pratt v. Radford (Wis.) 8 N. W. 606. The policy is void by reason of the chattel mortgage encumbrance, and also by reason of…
1Opinion of the Court
Haney; J.
This action is on an insurance policy containing the following provision: “This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if * * * the subject of insurance be personal property, and be or become incumbered by a chattel mortgage. ” The insurance was on plaintiff’s household furniture and effects. Before the policy was issued plaintiff and his wife executed a chattel mortgage upon the property to secure a note of $451.50 payable on demand. An action was commenced to obtain possession of the property, for the purpose of…
2Cases cited10 opinions
- Bodine v. . Exchange Fire Ins. Co.New York Court of Appeals · 1872
- Carpenter v. German American InsuranceNew York Court of Appeals · 1892
- Eclectic Life Insurance v. FahrenkrugIllinois Supreme Court · 1873
- Lingenfelter v. Phœnix InsuranceMissouri Court of Appeals · 1885
- Peet v. Dakota Fire & Marine Ins.South Dakota Supreme Court · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Vesey v. Commercial Union Assur. Co.South Dakota Supreme Court · 1904
- Thomas v. Modern Brotherhood of AmericaSouth Dakota Supreme Court · 1910
- Fosmark v. Equitable Fire Ass'nSouth Dakota Supreme Court · 1909
- Consolidated Underwriters Insurance Co. v. LandersSupreme Court of Alabama · 1970
- Mt. Terry Min. Co. v. WhiteSouth Dakota Supreme Court · 1898
3 more not listed; retrieve them via the Exa API.