State Insurance v. Schreck
Nebraska Supreme Court
• Error to the district court for Holt county. Tried below before Norris, J. The contract is not divisible, and an act which avoids it as to part of the property avoids it as to all. (1 Wood, Fire Ins., 384; May, Ins., sec. 277; Garver v. Ins. Go., 69 la., 202; Plath v. Ins. Co., 23 Minn., 479; Kelly v. Ins. Co., 6 Atl. Rep., 740; Gottsman v. Ins. Co., 56 Pa. St., 210; Trustees v. Williamson, 26 Id., 196; Leev. Ins.
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• Error to the district court for Holt county. Tried below before Norris, J. The contract is not divisible, and an act which avoids it as to part of the property avoids it as to all. (1 Wood, Fire Ins., 384; May, Ins., sec. 277; Garver v. Ins. Go., 69 la., 202; Plath v. Ins. Co., 23 Minn., 479; Kelly v. Ins. Co., 6 Atl. Rep., 740; Gottsman v. Ins. Co., 56 Pa. St., 210; Trustees v. Williamson, 26 Id., 196; Leev. Ins. Co., 3 Gray [Mass.], 583; Kimball v. Howard, 8 Id., 33; Bowman v. Ins. Co., 40 Md., 620; Ins. Co. v. Assum, 5 Id., 165; Schumitz v. Ins. Co., 48 Wis., 26; Ilinman v. Ins. Co., 36…
1Opinion of the Court
Reese, Ch. J.
This action was instituted in the district court of Holt county for the purpose of recovering upon an insurance policy the value of certain property which had been insured and destroyed by fire. The petition was in the usual form. A number of defenses were presented by the answer, some of which will be noticed in the order in which they are presented by counsel in arguments and briefs.
By the policy of insurance it is provided that “ In consideration that John Schreck, of Stuart, Nebraska, having made his note or obligation to the State Insurance Company for one hundred dollars,…
2Cases cited2 opinions
- Merrill v. . Agricultural Ins. Co.New York Court of Appeals · 1878
- Loomis v. Jackson ex dem. M'NaughtonNew York Supreme Court · 1822
3Cited by44 opinions
- Southern Fire Insurance v. KnightSupreme Court of Georgia · 1900
- Aetna Insurance Co., of Hartford v. BrannonTexas Supreme Court · 1905
- Goorberg v. the Western Assurance Co.California Supreme Court · 1907
- Omaha Fire Insurance v. Dierks & WhiteNebraska Supreme Court · 1895
- German Ins. v. FairbankNebraska Supreme Court · 1891
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