Peet v. Dakota Fire & Marine Ins.
South Dakota Supreme Court
Appeal from circuit court, Davison county. Hon. D. Haney, Judge. Action on fire insurance policy. Judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. A provision of a lease for a lien for rent is in effect a chattel mortgage. Greeley v. Winsor, 1 S. D. 117, 45 N. W. 325, 1 S. D. 619; 1 Oobbey, Chat. Mtges., Sec. 6. A writing in the nature of a lease may be a chattel mortgage even if the words sell, transfer or assign is not found therein.
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Appeal from circuit court, Davison county. Hon. D. Haney, Judge. Action on fire insurance policy. Judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. A provision of a lease for a lien for rent is in effect a chattel mortgage. Greeley v. Winsor, 1 S. D. 117, 45 N. W. 325, 1 S. D. 619; 1 Oobbey, Chat. Mtges., Sec. 6. A writing in the nature of a lease may be a chattel mortgage even if the words sell, transfer or assign is not found therein. Ellington v. Charleston, 51 Ala. 166; Bryan v. Bryan, 35 Ala. 315; Strong v. Gregory, 19 Ala. 147; Reynolds v. Ellis, 103 N.…
1Opinion of the CourtCorson, P. J.
This is an action upon a fire insurance policy bearing date October 13, 1887. Judgment for plaintiff, and defendant appeals.
The policy was issued for “$1,500, on machinery, shafting, belting, pulleys, elevator, and fixtures, while contained in a tlireestory, iron clad building situated in Grand street, near Seventh street, Pittsburgh, Pa.” The policy contained the following clause: “This policy shall be void and of no effect, unless consent in writing is indorsed by the company hereon, in each of the following cases, viz.: (1) If the assured is not the sole and unconditional owner of the…
2Cases cited11 opinions
- Continental Insurance v. VanlueIndiana Supreme Court · 1891
- Wright v. Bircher'sSupreme Court of Missouri · 1880
- Hoose v. Prescott InsuranceMichigan Supreme Court · 1890
- Plymouth County Bank v. GilmanSouth Dakota Supreme Court · 1892
- Whiting v. EichelbergerSupreme Court of Iowa · 1864
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Raulet v. Northwestern Nat'l Ins. Co. of MilwaukeeCalifornia Supreme Court · 1910
- Read & Traversy v. State InsuranceSupreme Court of Iowa · 1897
- Harding v. Norwich Union Fire Ins SocietySouth Dakota Supreme Court · 1897
- Prose v. Hawkeye Securities Fire InsuranceSouth Dakota Supreme Court · 1927
- Kelly v. BairdNorth Dakota Supreme Court · 1934
1 more not listed; retrieve them via the Exa API.