State Mutual Ins. Com. v. Clevenger
Supreme Court of Oklahoma
Error'from the Probate Court of Washita County; before Richard A. Billups, Trial Judge. statement of facts. This was an action brought by the State Mutual Insurance Company against E. O. Clevenger, to recover on -a note executed by the defendant to the plaintiff on June 7, 1904. The note was given for premium on insurance against hail upon a growing crop of cotton.
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Error'from the Probate Court of Washita County; before Richard A. Billups, Trial Judge. statement of facts. This was an action brought by the State Mutual Insurance Company against E. O. Clevenger, to recover on -a note executed by the defendant to the plaintiff on June 7, 1904. The note was given for premium on insurance against hail upon a growing crop of cotton. The defendant interposed a demurrer to the plaintiff’s cause of action, which demurrer was sustained, and the plaintiff declining to plead furtlier, judgment was rendered in favor of the defendant for the costs of the action. The…
1Opinion of the Court
Opinion of the court by
Hainer, J.:
But one question is presented for our consideration, and that is the construction of section 5, article 1, chapter 17, of the Session Laws of 1899, which provides, that:
“The association may insure grain in bins and stacks, growing wheat, rye, barley, flax, oats and other crops. * *
It is contended by defendant in error that the words “other crops” do not include growing cotton, and that hence the plaintiff did not state facts sufficient to constitute a cause of action, and the demurrer was therefore rightfully sustained. The decision of this question, then,…
2Cases cited1 opinion
- Cottle v. SpitzerCalifornia Supreme Court · 1884
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- Cities Service Gas Company v. ChristianSupreme Court of Oklahoma · 1959
- O'Neill Production Credit Ass'n v. SchnoorNebraska Supreme Court · 1981
- State Ex Rel. Read, Ins. v. Midwest Mutual Burial Ass'nSupreme Court of Oklahoma · 1936
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