Enos v. St. Paul Fire & Marine Insurance
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Jndge. Action on a policy of insurance. There was judgment for plaintiffs, and from an order denying a new trial, defendant appeals. The facts are fully stated in the opinion.
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Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Jndge. Action on a policy of insurance. There was judgment for plaintiffs, and from an order denying a new trial, defendant appeals. The facts are fully stated in the opinion. Counsel for appellant cited in support of the position that the trial court erred in allowing the admission of testimony as to the value of the goods described and as to agency, and as to communications made to the defendant company concerning the fire and soon after the destruction of the property by fire and as to the power of an adjuster to make a…
1Opinion of the CourtKellam, J.
This is an action to recover upon a fire insurance policy. The complaint, after stating the usual allegations in such an action, and that the fire which caused the loss occurred on the 4th day of November, 1888, further alleges that at such fire the plaintiff Enos received such injuries as incapacitated him for the space of 60 days thereafter to do or understand simple matters of business, “like giving notice of the loss of his said property to the defendant, or making proof of his loss thereon, ” but that he gave defendant due notice of such loss, and, on or about January 23, 1889, furnished…
2Cases cited20 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- The Distilled SpiritsSupreme Court of the United States · 1871
- Gans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1877
- Hollis v. State InsuranceSupreme Court of Iowa · 1884
- Little v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1877
15 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Hannahs v. NoahSouth Dakota Supreme Court · 1968
- Healy, Admr. v. MooreSupreme Court of Vermont · 1936
- Vesey v. Commercial Union Assur. Co.South Dakota Supreme Court · 1904
- Reilly v. LindenSupreme Court of Minnesota · 1921
- Bruins v. AndersonSouth Dakota Supreme Court · 1951
14 more not listed; retrieve them via the Exa API.