Legal Opinion

American Insurance v. Martinek

Michigan Supreme Court

Decided December 21, 1921No. Docket No. 125PublishedCited by 22 opinions

' Error to Menominee; Flannigan (Richard C.), J. Case by the American Insurance Company of Newark, N. J., against Jacob J. Martinek for failure to cancel a policy of insurance. Judgment for plaintiff non obstante veredicto. Defendant brings error.

1Opinion of the CourtFellows, J.

It is conceded that the present record is substantially the same as when the case was here before. American Ins. Co. v. Martinek, 203 Mich. 108. The second trial was before a jury. When the proofs were closed the trial judge was of the opinion that the law of the case was settled by the former decision and that it was his duty to direct a verdict for the plaintiff, but at the request of defendant’s counsel he submitted the case to the jury under the “Empson” act (Act No. 217, Public Acts 1915, 3 Comp. Laws 1915, § 14568). A verdict being rendered for defendant, the court entered judgment for…

2Cases cited16 opinions

  1. Cochrane v. KingMichigan Supreme Court · 1920
  2. Pierce v. UnderwoodMichigan Supreme Court · 1897
  3. Damon v. DeBarMichigan Supreme Court · 1893
  4. Pierce v. UnderwoodMichigan Supreme Court · 1894
  5. Hintz v. Michigan Central RailroadMichigan Supreme Court · 1905

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

3Cited by22 opinions

  1. CAF Investment Co. v. Saginaw TownshipMichigan Supreme Court · 1981
  2. Allen v. Michigan Bell Telephone Co.Michigan Court of Appeals · 1975
  3. Borkus v. Michigan National BankMichigan Court of Appeals · 1982
  4. People v. WhisenantMichigan Court of Appeals · 1969
  5. People v. WhisenantMichigan Supreme Court · 1971

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

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