McElroy v. Continental Insurance
Supreme Court of Kansas
Error from Wabaunsee District Court. Action to recover on a fire-insurance policy. Judgment for the defendant Company, at the May term, 1889. The facts are stated in the opinion.
1Opinion of the Court
Opinion by
Simpson, C.:
Action on a fire policy issued by defendant company to plaintiff for $2,000. The loss by fire occurred September 15, 1887. On the 28th day of December, 1887, the plaintiff commenced an action in the district court of Wabaunsee county against the defendant company, and that action was, upon motion of plaintiff, on the 18th day of October, 1888, dismissed without prejudice to a future action. The petition does not allege that the actions are the same, and that the first failed otherwise than on the merits, but uses the expression, “This suit was commenced in this court on…
2Cases cited7 opinions
- Riddlesbarger v. Hartford InsuranceSupreme Court of the United States · 1869
- Wilkinson v. First National Fire Insurance Co. of WorcesterNew York Court of Appeals · 1878
- Arthur v. . Homestead Fire Ins. Co.New York Court of Appeals · 1879
- Johnson v. Humboldt InsuranceIllinois Supreme Court · 1878
- Wilson v. Ætna InsuranceSupreme Court of Vermont · 1854
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Rodman v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1902
- Pfeifer v. Federal Express Corp.Supreme Court of Kansas · 2013
- Galloway v. Standard Fire InsuranceWest Virginia Supreme Court · 1898
- Hart v. Citizens' Insurance Co. of PittsburgWisconsin Supreme Court · 1893
- German Fire Insurance v. Bullene, Moore, Emery & Co.Supreme Court of Kansas · 1893
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