Legal Opinion

First National Bank v. German American Insurance

North Dakota Supreme Court

Decided December 11, 1911Published

Appeal by defendant from a judgment of the District Court for Barnes County, E. T. Burke, J., denying his motion for judgment non obstante veredicto■, or for new trial, in an action to recover on two fire insurance policies. Defendant not liable when property of plaintiff destroyed by order of civil authority. Lycoming F. Ins. Co. v. Sehwenck, 95 Pa. 89, 40 Am. Rep. 629; Barton v. Home Ins. Co. 42 Mo. 156, 97 Am. Dec. 329; Dupin v. Mutual Ins. Co. 5 La.

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Appeal by defendant from a judgment of the District Court for Barnes County, E. T. Burke, J., denying his motion for judgment non obstante veredicto■, or for new trial, in an action to recover on two fire insurance policies. Defendant not liable when property of plaintiff destroyed by order of civil authority. Lycoming F. Ins. Co. v. Sehwenck, 95 Pa. 89, 40 Am. Rep. 629; Barton v. Home Ins. Co. 42 Mo. 156, 97 Am. Dec. 329; Dupin v. Mutual Ins. Co. 5 La. Ann. 482; Strauss v. Imperial F. Ins. Co. 16 Mo. App. 555; Germania F. Ins. Co. v. Deckard, 3 Ind. App. 361, 28 N. E. 868; Boon v. iEtna F.…

1OpinionFisk, J.

After the above opinion was filed a rehearing was granted upon the question of plaintiff’s right to recover for the personal property loss. In their petition for rehearing as well as in their brief on such rehearing, counsel for plaintiff vigorously challenge the correctness of that portion of the opinion which denies the plaintiff’s right to recover for the loss on the personal property. We have carefully rer considered this phase of the appeal; and are agreed that the conclusion arrived at in the first opinion is sound and must be accordingly adhered to. We deem it advisable, however, to…

2Cases cited7 opinions

  1. Donley v. . Glens Falls Ins. Co.New York Court of Appeals · 1906
  2. St. Landry Wholesale Mercantile Co. v. New Hampshire Fire Ins.Supreme Court of Louisiana · 1905
  3. German-American Insurance v. BrownSupreme Court of Arkansas · 1905
  4. Thornton v. Security Ins.U.S. Circuit Court for the District of Middle Pennsylvania · 1902
  5. Benham v. Farmers' Mutual Fire InsuranceMichigan Supreme Court · 1911

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