Hanover Fire Insurance v. Gustin
Nebraska Supreme Court
Error from the district court of Buffalo county. Tried below before Hamer, J. The facts are stated by the commissioner. The failure of the assured to comply with the requirement* concerning a watchman avoids the policy. (First Nat. Bank of Ballston v. Insurance Company of North America, 50 N. Y., 45; Ripley v. JEtna Ins. Co., 30 N. Y., 136; Glendale Woolen Co. v. Protection Ins. Go., 21 Conn., 19; New York Belting & Packing Co. v. Washington Fire Ins.
Read the full summary
Error from the district court of Buffalo county. Tried below before Hamer, J. The facts are stated by the commissioner. The failure of the assured to comply with the requirement* concerning a watchman avoids the policy. (First Nat. Bank of Ballston v. Insurance Company of North America, 50 N. Y., 45; Ripley v. JEtna Ins. Co., 30 N. Y., 136; Glendale Woolen Co. v. Protection Ins. Go., 21 Conn., 19; New York Belting & Packing Co. v. Washington Fire Ins. Co., 10 Bos. [N. Y.], 428; Gloucester Mfg. Co. v. Howard Fire Ins. Co., 5 Gray [Mass.], 497; Croaker v. People’s Mutual Fire Ins. Co., 8 Cush.…
1Opinion of the Court
Ryan, C.
With the final submission of this case there was submitted a motion of the defendant in error to strike out of the supplemental transcript the affidavits of Thomas B. Crane and H. M. St. Clair, for the reason that they are no part of the record. This motion must be sustained, for the affidavits appear to have been attached to a motion to vacate an order allowing attorney fees to Messrs. Calkins & Pratt. Whether they were used on the hearing of this motion is left entirely to conjecture, for neither their purpose nor *830their use was ever shown by the bill of exceptions. They were,…
2Cases cited11 opinions
- Herrman v. . Merchants' Insurance Co.New York Court of Appeals · 1880
- Phœnix Insurance v. TuckerIllinois Supreme Court · 1879
- Stout v. City Fire Insurance Co. of New HavenSupreme Court of Iowa · 1861
- Cummins v. . Agricultural Insurance Co.New York Court of Appeals · 1876
- Dennison v. Phœnix InsuranceSupreme Court of Iowa · 1879
6 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Germania Fire Insurance v. BallyArizona Supreme Court · 1918
- Ætna Insurance v. SimmonsNebraska Supreme Court · 1896
- State Mut. Ins. Co. v. GreenSupreme Court of Oklahoma · 1915
- Sweaney & Smith Co. v. St. Paul Fire & Marine InsuranceIdaho Supreme Court · 1922
- Insurance Co. of North America v. BachlerNebraska Supreme Court · 1895
25 more not listed; retrieve them via the Exa API.