Legal Opinion

New Zealand Ins. v. Smith

Oregon Supreme Court

Decided June 30, 1902PublishedCited by 2 opinions

From Lane: James W. Hamilton, Judge. Suit of interpleader by the New Zealand Insurance Co., a corporation, against E. C. Smith and others. From the decree in so far as it granted relief to plaintiff, defendant Smith appeals. The insurance company now moves to dismiss the appeal.

1Per curiam

This is a motion to dismiss an appeal. On December 22, 1897, the plaintiff issued its insurance policy to one E. J. Frasier, covering $2,190, on certain personal property belonging to him. A portion of the property was afterward consumed by fire, and, the company denying liability, Frasier brought an action against it, in which he recovered a judgment for $1,700 on November 1, 1898. On appeal to this court the judgment was affirmed April 29, 1901: Frasier v. New Zealand Ins. Co., 39 Or. 342 (64 Pac. 814). After'the commencement of the action, but prior to the rendition of the judgment…

2Cases cited5 opinions

  1. Portland Construction Co. v. O'NeilOregon Supreme Court · 1893
  2. Bush v. MitchellOregon Supreme Court · 1895
  3. North Pacific Lumber Co. v. LangOregon Supreme Court · 1895
  4. Pope v. AmesOregon Supreme Court · 1890
  5. Frasier v. New Zealand InsuranceOregon Supreme Court · 1901

3Cited by2 opinions

  1. Credit Bureau of San Diego, Inc. v. PetrasichCourt of Appeals for the Ninth Circuit · 1938
  2. First National Bank of Portland v. NobleOregon Supreme Court · 1946

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