Legal Opinion

Farmers' Fire Insurance v. Johnston

Michigan Supreme Court

Decided June 28, 1897PublishedCited by 2 opinions

Appeal from Wayne; Carpenter, J. Bill by the Farmers’ Fire Insurance Company against Cyrus Johnston and others to enjoin the collection of a judgment upon a policy of insurance. From a decree dismissing the bill on demurrer, complainant appeals.

1Opinion of the CourtMoore, J.

Complainant commenced this proceeding by filing a bill in chancery. Defendants demurred to the bill, Judge Carpenter sustained the demurrer, and complainant appeals. In disposing of the demurrer, Judge Carpenter made a statement of the questions involved in this proceeding:

“Complainant insured defendants Cartwright Bros, against loss by fire on a stock of goods, with loss payable to defendant Johnston as his mortgage interest might appear. This stock of -drugs burned. Johnston, as assignee of the Cartwrights, brought suit against complainant and recovered judgment. The Supreme Court affirmed…

2Cases cited9 opinions

  1. Hibernia Ins. v. St. Louis & New Orleans Transp. Co.U.S. Circuit Court for the District of Eastern Missouri · 1882
  2. Gray v. BartonMichigan Supreme Court · 1886
  3. Simpson v. HartNew York Court of Chancery · 1814
  4. Johnston v. Farmers' Fire InsuranceMichigan Supreme Court · 1895
  5. Miller v. MorseMichigan Supreme Court · 1871

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3Cited by2 opinions

  1. Becker v. WelchMichigan Supreme Court · 1919
  2. Jacox v. State Highway CommissionerMichigan Supreme Court · 1952

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