Legal Opinion

Stockwell v. German Mutual Insurance Ass'n of LeMars

South Dakota Supreme Court

Decided June 27, 1916No. File No. 3910PublishedCited by 2 opinions

Appeal from Circuit Court, Minnehaha County. Hion. Joseph W. Jones, Judge. Action by Charles A. Stockwell, ag'ainst The German Mutual Insurance Association of LeMars, to recover damages for loss of crops under a hail insurance policy. From a judgment in favor of plaintiff, and from an order denying a new trial, defendant appeals. (i) To point one of the opinion, Respondent cited. Condon v. DesMoines Mut. Hail Ass’n. (Iowa) 94 N. W. 477; Barry v. Parmer’s Mut. Ins. Assn.

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Appeal from Circuit Court, Minnehaha County. Hion. Joseph W. Jones, Judge. Action by Charles A. Stockwell, ag'ainst The German Mutual Insurance Association of LeMars, to recover damages for loss of crops under a hail insurance policy. From a judgment in favor of plaintiff, and from an order denying a new trial, defendant appeals. (i) To point one of the opinion, Respondent cited. Condon v. DesMoines Mut. Hail Ass’n. (Iowa) 94 N. W. 477; Barry v. Parmer’s Mut. Ins. Assn. (Iowa) 81 N. W. 690. (3) To point three of the opinion, Respondent cited: Johnson v. Dakota Fire & Marine Ins. Co. (N. D.)…

1Opinion of the Court

GATES,, J.

Plaintiffs crops were insured by defendant against loss by hail. Plaintiff’s evidence tended to show such loss. Defendant’s 'evidence tended to show loss :by wind and lain. Plaintiff .promptly notified defendant of the loss, and shortly thereafter defendant’s adjuster made an investigation and reported, “Nfo loss allowed.” The secretary of the defendant testified, “We denied from the first that there ever was a loss.”' Trial by jury was had, which returned a verdict' for plaintiff in ■the sum of $909.65. Prom the judgment and an order denying a new tidal, defendant appeals.

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2Cited by2 opinions

  1. Rohlik v. Farmers InsuranceNorth Dakota Supreme Court · 1922
  2. Graham v. Alliance Hail Ass'nNorth Dakota Supreme Court · 1921

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