Drew v. Watertown Ins.
South Dakota Supreme Court
Appeal from circuit court, Hyde county. Hon. Loring E. Gaffy, Judge. Action by Anna Drew, as owner, and W. W. McDonald, as mortgagee, against the Watertown Fire Insurance Company to recover on a.policy of insurance. Plaintiffs had judgment, and defendant appeals.
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Appeal from circuit court, Hyde county. Hon. Loring E. Gaffy, Judge. Action by Anna Drew, as owner, and W. W. McDonald, as mortgagee, against the Watertown Fire Insurance Company to recover on a.policy of insurance. Plaintiffs had judgment, and defendant appeals. The facts are stated in the opinion. * The only evidence of payment of the premium for the policy sued upon was that the alleged agent of the defendant was requested by the agent, of the plaintiff to charge up the premium to the plaintiff. This was insufficient. Sec. 3456 Comp. Laws; Cedar county v. Jewal, 15 N. W. 569; Greenleaf on…
1Opinion of the CourtKellam, J.
This was an action by Anna Drew, as owner, and W. W. McDonald, as mortgagee, to whom the loss was made payable, to recover, under a fire insurance policy, for the value of a building claimed to be insured by said policy and destroyed by fire. Upon a trial before a jury the plaintiff recovered, and the defendant appeals. The company pleaded and relied upon several distinct grounds of defense, only one of ■ which will be particularly noticed.
The policy contained a provision that.the same should be void if the premises so insured should be used or occupied for any unlawful purpose without the…
2Cases cited5 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Lomer v. . MeekerNew York Court of Appeals · 1862
- Emerson v. County of Santa ClaraCalifornia Supreme Court · 1871
- Newton v. PopeNew York Supreme Court · 1823
- McMahon v. PeopleIllinois Supreme Court · 1887
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- Studebaker Bros. Manufacturing v. ZollarsSouth Dakota Supreme Court · 1899
- Pennsylvania Co. v. WassonOhio Court of Appeals · 1914
- Lathrop v. DearingSupreme Court of Minnesota · 1894