Spande v. Western Life Indemnity Co.
Oregon Supreme Court
From Clatsop: James A. Eakin, Judge. Statement by Mr. Justice McNary. Entertaining tbe tbougbt that he had a binding contract of insurance with the Western Life Indemnity Company, a corporation, and that its every provision had been faithfully observed, H. A. Larsen Spande as plaintiff, on November 4, 1908, brought an action on the policy to recover the sum of $2,000, the amount of its matured value.
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From Clatsop: James A. Eakin, Judge. Statement by Mr. Justice McNary. Entertaining tbe tbougbt that he had a binding contract of insurance with the Western Life Indemnity Company, a corporation, and that its every provision had been faithfully observed, H. A. Larsen Spande as plaintiff, on November 4, 1908, brought an action on the policy to recover the sum of $2,000, the amount of its matured value. Plaintiff prevailed in the litigation which followed, and defendant appealed to this court obtaining a reversal of the judgment (61 Or. 220, 117 Pac. 973, 122 Pac. 38), the court holding in…
1Opinion of the CourtJustice McNary
1. At the gateway of this controversy, defendant challenges the ability of plaintiff to maintain this action, for the reason that the matters here presented were formerly adjudicated, and that in the guise of a new robe plaintiff marshals the same facts as formed the lower structure of the original action. .If this situation be true, it is needless longer to pursue the discussion of this case.
A diagnosis of plaintiff’s primary pleading in the former action will disclose the true situation.
Plaintiff in his initial complaint took the position that at the time of the purchase of the policies and…
2Cases cited11 opinions
- Supreme Lodge, Knights of Pythias v. KnightIndiana Supreme Court · 1889
- Relief Fire Ins. Co. of NY v. ShawSupreme Court of the United States · 1877
- Presbyterian Board v. GilbeeSupreme Court of Pennsylvania · 1905
- Field v. Eastern Building & Loan Ass'nSupreme Court of Iowa · 1902
- Hollings v. Bankers Union of the WorldSupreme Court of South Carolina · 1902
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3Cited by11 opinions
- McAllister v. Charter First Mortgage, Inc.Oregon Supreme Court · 1977
- Halvorson v. Blue Mountain Prune Growers CooperativeOregon Supreme Court · 1950
- Huszar v. CERTIFIED REALTY COMPANYOregon Supreme Court · 1975
- Penn Star Mining Co. v. LymanUtah Supreme Court · 1924
- Cerino v. Oregon Physicians' ServiceOregon Supreme Court · 1954
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