Legal Opinion

Greenberg v. German American Ins.

Oregon Supreme Court

Decided October 24, 1916Published

From Multnomah: William N. Gatens, Judge. Action by William Greenberg against the German American Insurance Company, a corporation. From a judgment in favor of plaintiff, defendant appeals. Department 2. Statement by Mr. Justice Burnett. This is an action for damages resulting from the breach of an alleged executory oral contract for insurance of property.

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From Multnomah: William N. Gatens, Judge. Action by William Greenberg against the German American Insurance Company, a corporation. From a judgment in favor of plaintiff, defendant appeals. Department 2. Statement by Mr. Justice Burnett. This is an action for damages resulting from the breach of an alleged executory oral contract for insurance of property. An original complaint which appears in the abstract of record was superseded by an amended complaint upon which the action was tried. It alleges the plaintiff’s ownership of the stock of goods in question, the corporate character of the…

1Opinion

*668Former opinion sustained March 20, 1917.

On Rehearing.

(163 Pac. 820.)

On rehearing, former opinion is adhered to.

Mr. B. B. Giltner, of the firm of Griltner & Sewall, for respondent.

Mr. John McCourt, of the firm of Yeazie, McCourt & Yeazie, for appellant.

In Banc.

2Opinion of the CourtJustice Burnett

6. The judgment of the Circuit Court in this case was reversed in an opinion reported in ante, p. 662 (160 Pac. 536), because the complaint did not state facts sufficient to constitute a cause of action. A rehearing having been granted it is now urged by the plaintiff that there is presented a case in which that pleading states…

3Cases cited12 opinions

  1. New York Life Insurance v. BabcockSupreme Court of Georgia · 1898
  2. Equitable Life Assur. Soc. v. McElroyCourt of Appeals for the Eighth Circuit · 1897
  3. New York Life Insurance v. McMasterCourt of Appeals for the Eighth Circuit · 1898
  4. Heiman v. Phœnix Mutual Life InsuranceSupreme Court of Minnesota · 1871
  5. Markey v. Mutual Benefit Life InsuranceMassachusetts Supreme Judicial Court · 1869

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