Langbehn v. American Insurance
South Dakota Supreme Court
Appeal from 'Circuit Court, Beadle County. Hon. Alva E. Taylor, Judge. Action by Emil 'Langbehn,' against the American Insurance Company, of Newark, New Jersey, a corporation, to recover on a policy of fire insurance. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
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Appeal from 'Circuit Court, Beadle County. Hon. Alva E. Taylor, Judge. Action by Emil 'Langbehn,' against the American Insurance Company, of Newark, New Jersey, a corporation, to recover on a policy of fire insurance. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (3) Under point three of the opinion, Appellant submitted that: The provisions. of the note and application are “other provisions, agreements or conditions” added to the policy; and the note and application are therefore parts of the contract. Respondent submitted that: The notice, which it…
1Opinion of the CourtPollby, J.
This action was brought to recover on a policy of fire insurance. The destruction of the property by fire and the extent of the loss is not disputed by the defendant, .'but it is alleged as a defense that the policy had been forfeited, prior to the occurrence of the fire, for nonpayment of the premium. At the close of all the testimony, both parties moved for a directed verdict. The court denied defendant's motion and directed a verdict for the plaintiff. Judgment was entered accordingly, and defendant appeals.
[1,2] The effect of the motions to direct a verdict was to submit all questions of…
2Cited by9 opinions
- Coughlin v. Reliance Life InsuranceSupreme Court of Minnesota · 1925
- Diehl v. American Life InsuranceSupreme Court of Iowa · 1927
- Newton v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1932
- Ritter v. American Life InsuranceSouth Dakota Supreme Court · 1925
- Sioux National Bank v. LundbergSouth Dakota Supreme Court · 1929
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