Legal Opinion

Farmers' Mutual Fire Insurance v. Crampton

Michigan Supreme Court

Decided April 28, 1880PublishedCited by 7 opinions

Error to Baton. Assumpsit on insurance policy. Defendant brings error.

1Opinion of the CourtMarston, C. J.

The offer to show on cross-examination of the plaintiff a fraudulent overvaluation of the property insured at the time he made his application should have been admitted. Notice was given with the plea of the general issue that the defendant would give in evidence that the plaintiff was guilty of fraud in procuring the insurance. The accuracy required in special pleading has never been' applied to a notice of special defense, and to so hold would defeat the very object in view in thus simplifying the rules of pleading. It is sufficient if such, a notice fairly apprises the plaintiff of the…

2Cases cited1 opinion

  1. Elliott v. Van BurenMichigan Supreme Court · 1875

3Cited by7 opinions

  1. Briesenmeister v. Supreme Lodge Knights of Pythias of the WorldMichigan Supreme Court · 1890
  2. Smith v. McDonaldMichigan Supreme Court · 1905
  3. McKinnon v. MestonMichigan Supreme Court · 1895
  4. Liggett Spring & Axle Co. v. Michigan Buggy Co.Michigan Supreme Court · 1895
  5. McRae v. LonsbyCourt of Appeals for the Sixth Circuit · 1904

2 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