Barnes v. McMurtry
Nebraska Supreme Court
Error, to the district court for Lancaster county. Tried below before Field, J. The limitation clause in the policy is unreasonable and since a similar provision in a city charter has been held void (Foxworthy v. Hastings, 23 Neb., 772), this clause should not be enforced. (Mason v. Ins. Co., 39 N. Y., 46 ; Westchester F. Ins. Co. v. Lodge, 9 Ins. L. J. [Mich.], 909 ; Wilson v. State F. Ins.
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Error, to the district court for Lancaster county. Tried below before Field, J. The limitation clause in the policy is unreasonable and since a similar provision in a city charter has been held void (Foxworthy v. Hastings, 23 Neb., 772), this clause should not be enforced. (Mason v. Ins. Co., 39 N. Y., 46 ; Westchester F. Ins. Co. v. Lodge, 9 Ins. L. J. [Mich.], 909 ; Wilson v. State F. Ins. Co., 7 L. C. Jur., 283 ; May, Ins., sec. 478, n. 1). The limitation clause has been upheld by the courts of a majority of the states, and is binding on the parties. (Cornell v. Phoenix Ins. Co., 67 la.,…
1Opinion of the CourtMaxwell, J.
This is an action upon a policy of insurance.
It is alleged in the petition that “ The Lincoln Insurance Company, of Lincoln, Nebraska, is a corporation duly organized and existing under and by virtue of the laws of the state of Nebraska; that said corporation is insolvent, and that said J. IT. McMurtry was duly appointed by the district court in and for the county of Lancaster and state of Nebraska as receiver for said corporation; that on the 28th day of February, 1887, Thomas L. Edwards and David J. Adams, under the firm name of Edwards & Adams, were the owners of the following described…
2Cited by10 opinions
- Union Central Life Ins. v. SpinksCourt of Appeals of Kentucky · 1904
- Satterlund v. BealNorth Dakota Supreme Court · 1903
- Scroggin v. National Lumber Co.Nebraska Supreme Court · 1894
- Miller v. State InsuranceNebraska Supreme Court · 1898
- Hadley v. CoreyNebraska Supreme Court · 1939
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