Lyon v. Insurance Co.
Supreme Court Of The Territory Of Dakota
APPEAL from the district court, Minnehaha county; Hon. Jas. Spencer, Judge. This was an action on a policy of insurance for a loss sustained by fire. The action was by an assignee, the assignment having been made after the loss. The plaintiff recovered jndgment and the defendant appealed.
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APPEAL from the district court, Minnehaha county; Hon. Jas. Spencer, Judge. This was an action on a policy of insurance for a loss sustained by fire. The action was by an assignee, the assignment having been made after the loss. The plaintiff recovered jndgment and the defendant appealed. The defendant claimed the policy had been avoided; in fact, that it was never in force from the assured’s omission to comply with its conditions requiring him to inform the company of incumbrances on the property. The condition was as follows : “ If the property hereby insured, either real or personal, or…
1Opinion of the Court
By the Court :
The judgment of the lower court is affirmed upon the ground that Webb & Nichols were such agents of the defendant as to have the power to waive the matter of incumbrances, which were known to them at the time of negotiating and accepting the risk for the company, irrespective of the Florida statute offered in evidence.
All of the justices concur.
2Cited by10 opinions
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- Thomas v. Modern Brotherhood of AmericaSouth Dakota Supreme Court · 1910
- Fosmark v. Equitable Fire Ass'nSouth Dakota Supreme Court · 1909
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