Geraghty v. Washtenaw Mutual Fire-Insurance
Michigan Supreme Court
Error to Washtenaw; Kinne, J. Assumpsit by James A. Geraghty against the Washtenaw Mutual Fire-Insurance Company on a policy of insurance. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. Affirmed. The defendant is organized under the provisions of chapter 195, 2 Comp. Laws, for the purpose of mutual insurance of the property of its members against loss by fire or damage by lightning.
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Error to Washtenaw; Kinne, J. Assumpsit by James A. Geraghty against the Washtenaw Mutual Fire-Insurance Company on a policy of insurance. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. Affirmed. The defendant is organized under the provisions of chapter 195, 2 Comp. Laws, for the purpose of mutual insurance of the property of its members against loss by fire or damage by lightning. Under its articles of association, it may insure— “ On farm property, both buildings and their contents, farm implements, hay, grain, wool, and other farm…
1ConcurrenceHooker, J.
I concur in the affirmance of the judgment in this cause upon the ground that by the policy itself the plaintiff was apprised of the want of authority on the part of defendant to make the contract of insurance sued upon. Pfister v. Gerwig, 122 Ind. 568; Mitchell v. Insurance Co., 51 Pa. 402; Burger v. Insurance Co., 71 Pa. 422; Susquehanna Mut. Fire-Ins. Co. v. Leavy, 136 Pa. 500; Van Loan v. Insurance Ass’n, 90 N. Y. 280.
I am not satisfied to rest the denial of the application of the doctrine of estoppel upon the ground that the plaintiff was a member of the company, and that therefore he is…
2Cases cited26 opinions
- Willcuts v. Northwestern Mutual Life InsuranceIndiana Supreme Court · 1882
- Thompson v. LambertSupreme Court of Iowa · 1876
- Illinois Fire Insurance v. StantonIllinois Supreme Court · 1870
- Corey v. ShermanSupreme Court of Iowa · 1895
- Carson City Savings Bank v. Carson City Elevator Co.Michigan Supreme Court · 1892
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