Legal Opinion

Harding v. Norwich Union Fire Ins Society

South Dakota Supreme Court

Decided June 16, 1897PublishedCited by 8 opinions

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.

Read the full summary

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

  1. Bodine v. . Exchange Fire Ins. Co.New York Court of Appeals · 1872
  2. Carpenter v. German American InsuranceNew York Court of Appeals · 1892
  3. Eclectic Life Insurance v. FahrenkrugIllinois Supreme Court · 1873
  4. Lingenfelter v. Phœnix InsuranceMissouri Court of Appeals · 1885
  5. Peet v. Dakota Fire & Marine Ins.South Dakota Supreme Court · 1891

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

3Cited by8 opinions

  1. Vesey v. Commercial Union Assur. Co.South Dakota Supreme Court · 1904
  2. Thomas v. Modern Brotherhood of AmericaSouth Dakota Supreme Court · 1910
  3. Fosmark v. Equitable Fire Ass'nSouth Dakota Supreme Court · 1909
  4. Consolidated Underwriters Insurance Co. v. LandersSupreme Court of Alabama · 1970
  5. Mt. Terry Min. Co. v. WhiteSouth Dakota Supreme Court · 1898

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API