Legal Opinion

Peet v. Dakota Fire & Marine Ins.

South Dakota Supreme Court

Decided January 5, 1891PublishedCited by 17 opinions

Appeal from district court, Davison county. Hon. Bartlett Tripp, Judge. The facts so far as material are stated in the opinion. The machinery and fixtures insured, together with the building, constituted a part of the real estate upon which they were situated. McNally v. Connolly, 11 Pac. 320; Morris’ Appeal, 88 Pa. St. 368; Loan Co. v. Machine Works, 29 N. W. 349; Bliss v. Whitney. 9 Allen 114; Eowand v. Anderson, 6 Pac. 255; Deane v. Hutchinson, 2 At.

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Appeal from district court, Davison county. Hon. Bartlett Tripp, Judge. The facts so far as material are stated in the opinion. The machinery and fixtures insured, together with the building, constituted a part of the real estate upon which they were situated. McNally v. Connolly, 11 Pac. 320; Morris’ Appeal, 88 Pa. St. 368; Loan Co. v. Machine Works, 29 N. W. 349; Bliss v. Whitney. 9 Allen 114; Eowand v. Anderson, 6 Pac. 255; Deane v. Hutchinson, 2 At. L92; Smith v. Waggoner, 50 Wis. 155; Pierce v. George, 108 Mass 78; Winslow v. Ins. Co., 4 Met. 306; Brenman v. Whittaker, 15 O. St. 446;…

1Opinion of the CourtBennett, J.

This is an action instituted by the plaintiff against the defendant insurance company, on a policy of insurance, for loss sustained in the destruction of his machinery, shafting, belting, pulleys, elevator, and fixtures contained in *465the three-story iron-clad building situated in Pittsburgh, Pa. The defendant, by way of an answer, alleges: That the plaintiff did not furnish proof of loss, nor an inventory of property partially or totally destroyed, or the cost or value of the same, nor did he furnish copies or policies issued on this property by other companies, or rates of premium paid other…

2Cases cited16 opinions

  1. Improvement Company v. MunsonSupreme Court of the United States · 1872
  2. Pleasants v. FantSupreme Court of the United States · 1875
  3. Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
  4. The People v. . CookNew York Court of Appeals · 1853
  5. Baulec v. . New York Harlem R.R. Co.New York Court of Appeals · 1874

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3Cited by17 opinions

  1. Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
  2. Vesey v. Commercial Union Assur. Co.South Dakota Supreme Court · 1904
  3. Johnson v. Chicago & Northwestern Railway Co.South Dakota Supreme Court · 1946
  4. Speck v. AndersonSouth Dakota Supreme Court · 1982
  5. Fisher v. PorterSouth Dakota Supreme Court · 1898

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