Smith v. Mutual Cash Guaranty Fire Ins.
South Dakota Supreme Court
Appeal from Circuit Court, Faulk Count}'. Hon. Loring E. GaRKUy, Judge. Action by E. D. Smith against the Mutual Cash Guaranty Fire Insurance Company on a fire policy. Judgment for plaintiff, and. defendant appeals. Wliere the insured is guilty of misrepresentation and breach of warranty in reference to the subject of insurance and of fraud in the inception of the policy, no valid contract is formed, the policy is void and never attaches to the risk.
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Appeal from Circuit Court, Faulk Count}'. Hon. Loring E. GaRKUy, Judge. Action by E. D. Smith against the Mutual Cash Guaranty Fire Insurance Company on a fire policy. Judgment for plaintiff, and. defendant appeals. Wliere the insured is guilty of misrepresentation and breach of warranty in reference to the subject of insurance and of fraud in the inception of the policy, no valid contract is formed, the policy is void and never attaches to the risk. Knudson v. Legion of Honor, 7 S. D. 214; Am. Ins. Co. v. Gilbert, 27 Mich. 429; Bennett v. Agricultural Ins. Co., 51 Conn. 504; Sheldon v. Mich.…
1Opinion of the CourtFuller, P. J.
The only defense pleaded to this action on an insurance policy, covering a stock of general merchandise, store building, and fixtures, is that the fire by which the building was destroyed originated through the fraud, connivance, and procurement of respondent after he had surreptitiously removed substantially all the goods and merchandise therefrom, and that such building was worth not to exceed $850, instead of $2,500, as alleged in the complaint. It is undisputed that the stock of goods was insured by appellant on the 13th day of May, 1904, for $1,500, the building'for $850, and the…
2Cases cited41 opinions
- Continental Life Insurance v. ChamberlainSupreme Court of the United States · 1889
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- Kausal v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1883
- Andes Insurance v. FishIllinois Supreme Court · 1874
- Chambers v. Northwestern Mutual Life InsuranceSupreme Court of Minnesota · 1896
36 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hannahs v. NoahSouth Dakota Supreme Court · 1968
- Erickson v. Ladies of the Maccabees of the WorldSouth Dakota Supreme Court · 1910
- Brewster v. MillerSouth Dakota Supreme Court · 1913
- Dacotah Packing Co. v. BertelsonSouth Dakota Supreme Court · 1927
- Dickmann v. ThomasSouth Dakota Supreme Court · 1915
2 more not listed; retrieve them via the Exa API.