Wicktorwitz v. Farmers' Insurance
Oregon Supreme Court
From Linn: George H. Burnett, Judge. This is an action by Selig Wicktorwitz and Company against The Farmers’ and Merchants’ Insurance Company of Albany, Oregon, on an insurance policy covering loss or damage by fire to the amount of $1,000 on certain personal property belonging to the plaintiffs, while situated at No. 48 Blecker Street, New York.
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From Linn: George H. Burnett, Judge. This is an action by Selig Wicktorwitz and Company against The Farmers’ and Merchants’ Insurance Company of Albany, Oregon, on an insurance policy covering loss or damage by fire to the amount of $1,000 on certain personal property belonging to the plaintiffs, while situated at No. 48 Blecker Street, New York. The complaint is in the usual form alleging the issuance of 'the policy, the destruction of the property by fire on December 31, 1889, its value, notice to the defendant of the loss and damage, and the submission of due proofs thereof within the time…
1Opinion of the CourtJustice Bean
*5731. The contention for the defendant is — first, that there was no sufficient proof of payment of the premium, in accordance with the terms of the policy; and, second, that there was no legal evidence that notice of the fire or proof of loss had been given to the defendant company, as required by the terms of the policy. Upon the first question it is enough to say that the evidence shows the application for the insurance to have been made to one J. M. Lewis, who was an agent or representative of the company in New York, and by him forwarded to the home office, where it was approved, and the…
2Cases cited2 opinions
- North Pacific Lumber Co. v. Willamette Mill Co.Oregon Supreme Court · 1896
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3Cited by16 opinions
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- Bridenstine v. Gerlinger Motor Car Co.Oregon Supreme Court · 1917
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