Berglund v. State Farmers' Mutual Hail Insurance
North Dakota Supreme Court
From an order of tbe District Court for Ward County, Leighton, J., defendant appeals. Tbe function of a motion for judgment on tbe pleadings is substantially tbe same as that of a demurrer. 23 Cyc. 169; Botto v. Vandament, 61 Cal. 332, 7 Pac. 753; Finley v. Tucson, 7 Ariz. 108, 60 Pac. 872. Judgment on tbe pleadings cannot be given where defendant pleads a substantial and issuable defense. 23 Cyc. 769; Parker v. Des Moines Life Asso. 108 Iowa, 117, 78 N. W. 826; Lewis v.…
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From an order of tbe District Court for Ward County, Leighton, J., defendant appeals. Tbe function of a motion for judgment on tbe pleadings is substantially tbe same as that of a demurrer. 23 Cyc. 169; Botto v. Vandament, 61 Cal. 332, 7 Pac. 753; Finley v. Tucson, 7 Ariz. 108, 60 Pac. 872. Judgment on tbe pleadings cannot be given where defendant pleads a substantial and issuable defense. 23 Cyc. 769; Parker v. Des Moines Life Asso. 108 Iowa, 117, 78 N. W. 826; Lewis v. Foard, 112 N. C. 402, 17 S. E. 9; Alspaugh v. Reid, 6 Idaho, 223, 55 Pac. 300; Prost v. More, 40 Cal. 347. Party must be…
1Opinion of the CourtGoss, J.
This is an appeal from a judgment entered upon plaintiff’s motion for judgment on the pleadings, on the ground that -the answer failed to state or shadow forth a defense. The complaint recites that defendant insurance company issued to plaintiff a hail insurance policy, indemnifying him in the sum of $2,340, against loss by hail to the crop on certain land. That in July, 1910, a loss by hail occurred, by which damage to said crops in the sum of $1,500 was suffered by plaintiff. Three weeks later, defendant made an adjustment of said loss *20at $1,500, and. by said adjustment the defendant agreed…
2Cases cited11 opinions
- Leisen v. St. Paul Fire & Marine InsuranceNorth Dakota Supreme Court · 1910
- Storey v. MurphyNorth Dakota Supreme Court · 1899
- Thompson v. Travelers InsuranceNorth Dakota Supreme Court · 1904
- Johnson v. Dakota Fire & Marine InsuranceNorth Dakota Supreme Court · 1890
- Thompson v. Travelers' InsuranceNorth Dakota Supreme Court · 1902
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