Beauchamp v. Retail Merchants Ass'n
North Dakota Supreme Court
From a judgment of the District Court of Cavalier County, Honorable W. J. Kneeshaio, Judge, defendant appeals. All of the defenses alleged in the answer are based upon facts within the knowledge of plaintiff, and he therefore cannot claim to be surprised. "When one has fall knowledge of all the facts set out in the amendments, he is in no position to claim surprise. Ennis v. Eetail Merchants Asso. Mut. F. Ins. Co. 33 N. D. 20, 156 N. W. 234; Southern Ins.
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From a judgment of the District Court of Cavalier County, Honorable W. J. Kneeshaio, Judge, defendant appeals. All of the defenses alleged in the answer are based upon facts within the knowledge of plaintiff, and he therefore cannot claim to be surprised. "When one has fall knowledge of all the facts set out in the amendments, he is in no position to claim surprise. Ennis v. Eetail Merchants Asso. Mut. F. Ins. Co. 33 N. D. 20, 156 N. W. 234; Southern Ins. Co. v. Hastings, 64 Ark. 253, 41 S. W. 1093. But if one can honestly claim surprise he should at once ask for continuance for a reasonable…
1Opinion of the Court
Christianson, 'J.
On July 29, 1914, the defendant issued to the plaintiff an insurance policy of the usual standard form adopted in this state, whereby it insured the plaintiff against loss or damage by fire in the sum of $3,000, upon a certain stock of merchandise in plaintiff’s store at Olga, in Cavalier county, in this state. The stock was also insured in the sum of $2,500 by another insurance policy issued by the Northwestern Mutual Fire Insurance Company. This latter policy .also insured household goods belonging to plaintiff in the sum of $500. On January 22, 1915, the stock of…
2Cases cited14 opinions
- McCollough v. Home Ins. Co. of N.Y.California Supreme Court · 1909
- Pennsylvania Fire Ins. v. DraperSupreme Court of Alabama · 1914
- Hollings v. Bankers Union of the WorldSupreme Court of South Carolina · 1902
- Pennsylvania Fire Ins. v. HughesCourt of Appeals for the Fifth Circuit · 1901
- Ennis v. Retail Merchants Ass'n Mutual Fire InsuranceNorth Dakota Supreme Court · 1916
9 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Weber v. United Hardware & Implement Mutuals Co.North Dakota Supreme Court · 1948
- Hanson v. Cincinnati Life Insurance Co.North Dakota Supreme Court · 1997
- Bordson v. North Dakota Workmen's Compensation BureauNorth Dakota Supreme Court · 1922
- Hermes v. MarkhamNorth Dakota Supreme Court · 1951
- Sjoberg v. State Automobile InsuranceNorth Dakota Supreme Court · 1951
23 more not listed; retrieve them via the Exa API.