Legal Opinion

O'Toole v. Ohio German Fire Insurance Co.

Michigan Supreme Court

Decided December 10, 1909No. 82PublishedCited by 21 opinions

Error to Lenawee; Chester, J. Assumpsit by Myrtle E. O’Toole against the Ohio German Eire Insurance Company on a policy of insurance. A judgment for plaintiff is reviewed by defendant on writ of error.

1Opinion of the CourtOstrander, J.

The policy of insurance sued upon — a Michigan standard form — is dated November 12, 1901. The barn, a portion of the property insured, burned November 5, 1906. This suit was begun by summons April 2, 1907; the declaration being filed April 10, 1907. The trial began February 7, 1908. With its plea the defendant gave notice that it would rely upon a number of the conditions, violations of which would avoid the policy, among them the one relating to a change other than by death of the insured in the interest, title, or possession of the subject of insurance. The specification in this behalf was…

2Cases cited17 opinions

  1. State v. HoytSupreme Court of Connecticut · 1880
  2. Maynard v. VintonMichigan Supreme Court · 1886
  3. Mercer v. StateSupreme Court of Florida · 1898
  4. People v. DurfeeMichigan Supreme Court · 1886
  5. Gannon v. PeopleIllinois Supreme Court · 1889

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

3Cited by21 opinions

  1. Wolfle v. United StatesSupreme Court of the United States · 1934
  2. People v. ZabijakMichigan Supreme Court · 1938
  3. United States v. Kelsey-Hayes Wheel Co.District Court, E.D. Michigan · 1954
  4. State v. WilkinsOregon Supreme Court · 1914
  5. People v. FisherMichigan Supreme Court · 1993

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

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