Fenton v. Fidelity & Casualty Co.
Oregon Supreme Court
From Multnomah : J. C. Fullerton, Judge. Action by J. D. Fenton against the Fidelity & Casualty Company of New York, upon a policy of insurance issued by the defendant company to the Willamette Steam-Mills Lumbering & Manufacturing Company, insuring it against liability for damages on account of injuries accidentally suffered by its employees.
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From Multnomah : J. C. Fullerton, Judge. Action by J. D. Fenton against the Fidelity & Casualty Company of New York, upon a policy of insurance issued by the defendant company to the Willamette Steam-Mills Lumbering & Manufacturing Company, insuring it against liability for damages on account of injuries accidentally suffered by its employees. The portion of the policy material to the questions on this appeal is as fob lows: “In consideration of the warranties made in the application for this policy, and of four hundred and eighty dollars, the Fidelity and Casualty Co. of New York,…
1Opinion of the CourtJustice Bean
1. There are several assignments of error in the notice of appeal, but they are practically all based on the contention that the contract of the defendant with the mill company is one of indemnity against damages, and therefore no recovery can be had thereon unless actual damage is shown. There is a distinction made by the authorities between a contract of indemnity against liability for damages, and a simple contract of indemnity against damages. In the former case it has very generally been held that an action may be brought, and a recovery had, as soon as the liability is legally imposed,…
2Cases cited14 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Utter v. Travelers' InsuranceMichigan Supreme Court · 1887
- Rector, Etc., of Trinity Church v. . HigginsNew York Court of Appeals · 1872
- American Employers' Liability Insurance v. FordyceSupreme Court of Arkansas · 1896
9 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Connolly v. BolsterMassachusetts Supreme Judicial Court · 1905
- Getchell & Martin Lumber & Manufacturing Co. v. Peterson & SampsonSupreme Court of Iowa · 1904
- Sanders v. Frankfort Marine, Accident & Plate Glass InsuranceSupreme Court of New Hampshire · 1904
- Quinlan v. Liberty Bank and Trust Co.Supreme Court of Louisiana · 1991
- Finley v. United States Casualty Co.Tennessee Supreme Court · 1904
33 more not listed; retrieve them via the Exa API.