Commercial Union Assur. Co., Ltd., of London v. Wolfe
Supreme Court of Oklahoma
Error from Superior Court, Pottaivatomie County; Geo. C. Abernathy, Judge. Action by C. Dale Wolfe, trustee of the estate of. D. A. Trotter & Co., against the Commercial Union Assurance Company, Limited, of London, England. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
Opinion by
GALBRAITH, C.
D. A. Trotter & Co., a partnership, were the insured. After the loss upon the policy in suit, the insured were adjudged bankrupts, and the plaintiff, C. Dale Wolfe, was elected and qualified as trustee, and, as such, prosecuted the action on the policy, and recovered a judgment, from which the defendant appealed.
The first and second assignments of error are argued together, and these are that the verdict of the jury is contrary to the law and the evidence. It is contended that the insured breached the “iron-safe clause” of the policy, wherein he agreed to keep his books…
2Cases cited2 opinions
- German American Ins. Co. v. FullerSupreme Court of Oklahoma · 1910
- Graves v. Merchants & Bankers' InsuranceSupreme Court of Iowa · 1891
3Cited by3 opinions
- Farmers Nat. Bank v. HartoonSupreme Court of Oklahoma · 1916
- Queen Ins. Co. of America v. DalrympleSupreme Court of Oklahoma · 1916
- Prairie Oil & Gas Co. v. KirkbrideSupreme Court of Oklahoma · 1915