Rochester German Ins. Co. v. Rodenhouse
Supreme Court of Oklahoma
Error from District Court, Carter County; S. H. Russell, Judge. Action by Mrs. L. M. Rodenhouse against the Rochester German Insurance Company of Rochester, N. Y. Judgment for plaintiff, and defendant brings error.
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Error from District Court, Carter County; S. H. Russell, Judge. Action by Mrs. L. M. Rodenhouse against the Rochester German Insurance Company of Rochester, N. Y. Judgment for plaintiff, and defendant brings error. This action was begun in February, 1909, by plaintiff below to recover the sum of $1,700, alleged to be due on an insurance policy issued to plaintiff by defendant in January, 1908, on a certain fifteen-room frame building situated in the town of Waurika; the face of the policy being $1,700. The cause was tried in March, 1910, resulting in a verdict in favor of plaintiff for the…
1Opinion of the Court
Opinion by
HARRISON, C.
Plaintiff in error, however, relies for reversal on the following contentions, namely: That the court erred in overruling the motion for a new trial; that the petition and amended petition fail to state a cause of action; that the insured was not the owner in fee simple of the lots on which the building stood; that the property insured was incumbered by a mortgage, proceedings to foreclose which were pending at the time 'the policy was taken out; and the further contention that the allegations in plaintiff’s reply to defendant’s answer con stituted a departure from the…
2Cases cited5 opinions
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- Arkansas Ins. Co. v. CoxSupreme Court of Oklahoma · 1908
- Insurance Co. of North America v. LittleSupreme Court of Oklahoma · 1912
- Port Huron Engine & Thresher Co. v. BallSupreme Court of Oklahoma · 1911
- American Ins. Co. of Newark, N.J. v. RodenhouseSupreme Court of Oklahoma · 1912
3Cited by10 opinions
- Massey v. Farmers Insurance GroupSupreme Court of Oklahoma · 1992
- Springfield Fire & Marine Ins. v. SimmonsSupreme Court of Oklahoma · 1938
- Home Ins. Co. of New York v. MobleySupreme Court of Oklahoma · 1916
- North River Ins. of New York v. O'ConnerSupreme Court of Oklahoma · 1916
- Oklahoma Fire Ins. Co. v. MundelSupreme Court of Oklahoma · 1914
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