Home Ins. Co. of New York v. Mobley
Supreme Court of Oklahoma
Error from District Court, Carter County; Stillwell H. Russell, Judge. Action by Tennie Mobley and another against the Home Insurance Company of New York on a fire., insurance policy. Judgment for plaintiffs and defendant brings error.
1Opinion of the Court
Opinion by
BURFORD, C.
The plaintiffs (designated as in the court below) sued upon an insurance policy for loss by fire. Defendant pleaded breaches of the policy: First, that plaintiffs were not fee-simple owners of the property insured; second, that after the policy was issued plaintiffs took out additional insurance; and, third, that after the policy was issued plaintiffs mortgaged the- property. In reply plaintiffs pleaded notice of all these breaches to the defendant’s agent, and waiver by conduct.
The grounds urged for reversal are: First, that the testimony showed that R. O. Dulaney, the…
2Cases cited10 opinions
- Nance v. Oklahoma Fire Ins. Co.Supreme Court of Oklahoma · 1912
- Merchants' Planters' Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- Sullivan v. Mercantile Town Mut. Ins. Co.Supreme Court of Oklahoma · 1908
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- Arkansas Ins. Co. v. CoxSupreme Court of Oklahoma · 1908
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3Cited by5 opinions
- Commercial Casualty Ins. Co. v. ConnelleeSupreme Court of Oklahoma · 1932
- Springfield Fire & Marine Ins. v. SimmonsSupreme Court of Oklahoma · 1938
- Pacific National Fire Insurance v. Smith Bros. Drilling Co.Supreme Court of Oklahoma · 1945
- National Council of Knights & Ladies of Security v. FowlerSupreme Court of Oklahoma · 1917
- Commonwealth Life Ins. Co. v. MilesSupreme Court of Oklahoma · 1944