Wright v. Fire Insurance
Montana Supreme Court
Appeal from Seventh Judicial District, Custer County, Action on insurance policy. Nonsuit granted and judgment rendered tliereon for defendant by Milburn, J. I. Defendant having failed to deny plaintiff’s allegations relative to the defendant being a corporation, it must be deemed to have admitted it.
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Appeal from Seventh Judicial District, Custer County, Action on insurance policy. Nonsuit granted and judgment rendered tliereon for defendant by Milburn, J. I. Defendant having failed to deny plaintiff’s allegations relative to the defendant being a corporation, it must be deemed to have admitted it. The denial that the defendant “is or ever was a corporation organized and existing under the laws of England” is not a denial that the defendant is a corporation. {Godey v. Godey, 39 Cal. 157; Leroux v. Murdoch, 51 Cal. 541; Bradbury v. Q'ouise, 46 Cal. 287.) II. The condition in the policy “…
1Opinion of the CourtHarwood, J.
This action is founded upon a policy of insurance, whereby defendant agreed, on certain conditions, to indemnify plaintiff against loss by the injury or destruction of certain described property by fire, to the value thereof, not exceeding fifteen hundred dollars, which property is alleged to have been totally destroyed by fire; and this action is brought to recover said sum.
At the trial, when plaintiff rested in the introduction of testimony to sustain her cause of action, defendant moved the court for nonsuit, which motion was granted, and' judgment was thereupon entered in favor of…
2Cases cited19 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Paul v. . Travelers' Ins. Co.New York Court of Appeals · 1889
- Queen Insurance v. YoungSupreme Court of Alabama · 1888
- Utter v. Travelers' InsuranceMichigan Supreme Court · 1887
- Hartford Fire Insurance v. WalshIllinois Supreme Court · 1870
14 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Steven v. Fidelity & Casualty Co.California Supreme Court · 1962
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Raulet v. Northwestern Nat'l Ins. Co. of MilwaukeeCalifornia Supreme Court · 1910
- Glens Falls Insurance Co. v. MichaelIndiana Supreme Court · 1905
- Goorberg v. the Western Assurance Co.California Supreme Court · 1907
24 more not listed; retrieve them via the Exa API.