Legal Opinion

First National Bank v. German American Insurance

North Dakota Supreme Court

Decided December 11, 1911PublishedCited by 7 opinions

Appeal by defendant from a judgment of the District Court for Barnes County, E. T. Burke, J., denying his motion for judgment non obstante veredicto■, or for new trial, in an action to recover on two fire insurance policies. Defendant not liable when property of plaintiff destroyed by order of civil authority. Lycoming F. Ins. Co. v. Sehwenck, 95 Pa. 89, 40 Am. Rep. 629; Barton v. Home Ins. Co. 42 Mo. 156, 97 Am. Dec. 329; Dupin v. Mutual Ins. Co. 5 La.

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Appeal by defendant from a judgment of the District Court for Barnes County, E. T. Burke, J., denying his motion for judgment non obstante veredicto■, or for new trial, in an action to recover on two fire insurance policies. Defendant not liable when property of plaintiff destroyed by order of civil authority. Lycoming F. Ins. Co. v. Sehwenck, 95 Pa. 89, 40 Am. Rep. 629; Barton v. Home Ins. Co. 42 Mo. 156, 97 Am. Dec. 329; Dupin v. Mutual Ins. Co. 5 La. Ann. 482; Strauss v. Imperial F. Ins. Co. 16 Mo. App. 555; Germania F. Ins. Co. v. Deckard, 3 Ind. App. 361, 28 N. E. 868; Boon v. iEtna F.…

1Opinion of the CourtFisk, J.

Plaintiff seeks to recover on two insurance policies issued by defendant company in the fall of 1908. Both policies covered plaintiff’s banking building in the village of Nome, this state, and one of such policies also covered the furniture and fixtures while contained in such bank building. The first policy is for $1,000 on the building, and the other is for $500 on the building and $800 on furniture and fixtures. Both of these policies were carried on this property for several years, being renewed from year to year. One Torbenson, during all the times mentioned, was cashier of plaintiff…

2Cases cited12 opinions

  1. Aetna Indemnity Co. v. SchroederNorth Dakota Supreme Court · 1903
  2. Leisen v. St. Paul Fire & Marine InsuranceNorth Dakota Supreme Court · 1910
  3. Phoenix Insurance v. FlemmingSupreme Court of Arkansas · 1898
  4. Wilcox v. Continental Insurance Co. of New YorkWisconsin Supreme Court · 1893
  5. Hughes v. Insurance Co. of North AmericaNebraska Supreme Court · 1894

7 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Agra-By-Products, Inc. v. Agway, Inc.North Dakota Supreme Court · 1984
  2. American Bank Center v. WiestNorth Dakota Supreme Court · 2010
  3. Hartford Fire Ins. Co. v. Empire Coal Min. Co.Court of Appeals for the Eighth Circuit · 1929
  4. Utica Sanitary Milk Co. v. Casualty Co. of AmericaNew York Court of Appeals · 1914
  5. Michelsen v. North American National InsuranceNorth Dakota Supreme Court · 1925

2 more not listed; retrieve them via the Exa API.

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