Southern Idaho Conference Ass'n of Seventh Day Adventists v. Hartford Fire Insurance
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. Action to recover on a policy of insurance.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. Action to recover on a policy of insurance. Judgment of nonsuit for the defendant. . The rule of law which governs on a motion for nonsuit is clearly laid down by this court in Later v. Maywood, 12 Ida. 78, 85 Pac. 494, and Bank of Commerce v. Baldwin, 12 Ida. 202, 85 Pac. 497, to the effect that such a motion admits the existence of every fact in favor of the plaintiff which the evidence tends to prove or which could be gathered from any reasonable view of the evidence. (See, also,…
1Opinion of the CourtSullivan, C. J.
This case was decided by this court on May 26, 1914, and a petition for rehearing was thereafter granted and a rehearing had at the January, 1915, term of court.
The action was brought by'the plaintiff, the Southern Idaho Conference of Seventh Day Adventists, a corporation, to recover $3,500 on an insurance policy issued by the defendant, the Hartford Fire Insurance Company, a corporation, covering a school building situated near the village of Eagle in Ada county, which building was destroyed by fire on the night of November 21, 1911.
The complaint alleges that said policy was executed and…
2Cases cited2 opinions
- Shank v. Great Shoshone & Twin Falls Water Power Co.Court of Appeals for the Ninth Circuit · 1913
- Culver v. KehlIdaho Supreme Court · 1912
3Cited by9 opinions
- Donovan v. Boise CityIdaho Supreme Court · 1918
- Marshall v. GilsterIdaho Supreme Court · 1921
- Newman v. Great Shoshone & Twin Falls Water Power Co.Idaho Supreme Court · 1916
- Schleiff v. McDonaldIdaho Supreme Court · 1923
- Miller v. Gooding Highway Dist.Idaho Supreme Court · 1935
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