Cranston v. California Ins.
Oregon Supreme Court
From Baker: Gustav Anderson, Judge. In Banc. The defendant is a California insurance corporation. After reciting this fact the complaint proceeds as follows: “That heretofore and on or about the 23d day of June, 1916, in consideration of the premium then paid and for value received, the above named defendant duly and regularly made, executed and delivered to plaintiffs their certain certificate of insurance in words and figures following, to wit: “ ‘Hughes & Company, “ ‘Beal…
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From Baker: Gustav Anderson, Judge. In Banc. The defendant is a California insurance corporation. After reciting this fact the complaint proceeds as follows: “That heretofore and on or about the 23d day of June, 1916, in consideration of the premium then paid and for value received, the above named defendant duly and regularly made, executed and delivered to plaintiffs their certain certificate of insurance in words and figures following, to wit: “ ‘Hughes & Company, “ ‘Beal Estate and Insurance Agents. “ ‘Baker, Oregon, June 23, 1916. “ ‘Messrs. Cranston & Masters, “ ‘Baker, Oregon. “…
1Opinion of the CourtBurnett, J.
1. As stated, the instrument upon which the plaintiffs rely is set out at large in the complaint. It is true, the pleading says that the defendant made this instrument and thereby promised and agreed to indemnify the plaintiffs against loss by fire, etc. In Somers v. Hanson, 78 Or. 429 (153 Pac. 43), Mr. Chief Justice Moore declared the law of such a pleading in these words:
“"When the contract sued upon is set out in haec verba, it will be so construed that its legal effect will be recognized. If the writing is thus declared upon, it is superfluous to state what its legal effect is: 4 Ency.…
2Cases cited8 opinions
- Lewy v. WilkinsonSupreme Court of Louisiana · 1914
- Baker v. SeaweardOregon Supreme Court · 1912
- Kayton v. . BarnettNew York Court of Appeals · 1889
- Reid v. Alaska Packing Co.Oregon Supreme Court · 1905
- Somers v. HansonOregon Supreme Court · 1915
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- First Nat. Bank v. BachOregon Supreme Court · 1920
- Parlier Fruit Co. v. Fireman's Fund InsuranceCalifornia Court of Appeal · 1957
- Strong v. MooreOregon Supreme Court · 1926
- Morford v. California Western States Life InsuranceOregon Supreme Court · 1941
- Meader v. Farmers' Mutual Fire Relief Ass'nOregon Supreme Court · 1931
7 more not listed; retrieve them via the Exa API.