Legal Opinion

Barnett v. Farmers' Mutual Fire Insurance Co.

Michigan Supreme Court

Decided December 15, 1897PublishedCited by 11 opinions

Error to Ottawa; Padgham, J. Assumpsit by John Barnett against the Farmers’ Mutual Fire Insurance Company of Allegan and Ottawa Counties on a policy of insurance. From a judgment for defendant, plaintiff brings error.

1Opinion of the CourtLong, C. J.

This action is upon an insurance policy, to recover for the loss by fire of a barn and its contents. The defendant gave notice, under the plea of the general issue, that it would show that plaintiff willfully burned the barn, with intent to injure the defendant. That was the only issue tried, and upon it the jury found in favor of defendant. ”

It appears that plaintiff’s barn and contents burned on the night of July 2, 1896. His family at home consisted of his wife, two sons, and a daughter. Prior to this time he had had serious trouble with his family, resulting in his leaving home. His son…

2Cases cited5 opinions

  1. Wilbur v. FloodMichigan Supreme Court · 1867
  2. Anderson v. WalterMichigan Supreme Court · 1876
  3. Comstock v. SmithMichigan Supreme Court · 1870
  4. Ladd v. BrownMichigan Supreme Court · 1892
  5. People ex rel. National Life Insurance v. State Commissioner of InsuranceMichigan Supreme Court · 1872

3Cited by11 opinions

  1. Silverstone v. London Assurance Corp.Michigan Supreme Court · 1913
  2. Totten v. TottenMichigan Supreme Court · 1912
  3. Jack v. Mutual Reserve Fund Life Ass'nCourt of Appeals for the Fifth Circuit · 1902
  4. McNaughton v. SmithMichigan Supreme Court · 1904
  5. Southern Home Ins. Co. of the Carolinas v. BoatwrightSupreme Court of Alabama · 1935

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