Legal Opinion

Butz v. Ohio Farmers' Insurance

Michigan Supreme Court

Decided July 11, 1889PublishedCited by 7 opinions

Error to Tuscola., (Beach, J.) Assumpsit upon an insurance policy. Defendant brings error. The facts, and points of counsel passed upon by the Court, are stated in the opinion.

1Opinion of the CourtCampbell, J.

Plaintiff recovered below on a policy of fir© insurance, the defense set up being a forfeiture under a. mortgage. The policy contained provisions to the effect that if the property be—

“ Sold or transferred or incumbered by mortgage or otherwise without the written consent of this company, or if proceedings to foreclose any lien shall be commenced in any way,, or notice thereof shall be given, or if said property, or any part thereof, shall be levied upon, or any changes take place in the title or possession, whether by legal process, judicial decree, or voluntary transfer, then, and in every…

2Cases cited1 opinion

  1. Michigan State Insurance v. LewisMichigan Supreme Court · 1874

3Cited by7 opinions

  1. Stebbins v. Westchester Fire InsuranceWashington Supreme Court · 1921
  2. Hole v. National Fire InsuranceSupreme Court of Kansas · 1927
  3. Insurance Co. of North America v. CheathemCourt of Appeals of Kentucky (pre-1976) · 1927
  4. Baker v. Liverpool & London & Globe Ins.Court of Appeals of Texas · 1925
  5. Hartford Fire Insurance Company v. BryanCourt of Appeals of Kentucky (pre-1976) · 1932

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