Daniels v. Andes Insurance Co.
Montana Supreme Court
Ajppeal from Third District, Lewis and Olarke Gounty. This action was tried by a jury that returned a verdict for Daniels, and a new trial was granted by the court, Wade, J. The 68th section of the Civil Practice Act, which is referred to in the opinion, is as follows: “ In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance; but it may. be stated generally that the party duly performed all the…
Read the full summary
Ajppeal from Third District, Lewis and Olarke Gounty. This action was tried by a jury that returned a verdict for Daniels, and a new trial was granted by the court, Wade, J. The 68th section of the Civil Practice Act, which is referred to in the opinion, is as follows: “ In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance; but it may. be stated generally that the party duly performed all the conditions on his part, and if such allegation be controverted, the party pleading shall establish, on the trial, the…
1Opinion of the CourtSeevis, J.
Tbe appellant sued tbe respondent upon a policy of insurance, alleging in substance that tbe defendant was a corporation duly organized under tbe laws of tbe State of Ohio; that on tbe 1st day of April, 1872, be was the owner of a certain frame building, situate outside tbe garrison at Port Ellis, in tbe county of G-allatin and Territory of Montana, containing certain goods, wares, merchandise and personal property, all of tbe value of $20,000, which tbe defendant, in consideration of tbe sum of $300, insured to tbe plaintiff against loss or damage by fire or lightning, and issued its policy…
2Cases cited2 opinions
- New York Central Insurance v. National Protection InsuranceNew York Supreme Court · 1854
- Brown v. HarmonNew York Supreme Court · 1856
3Cited by5 opinions
- Conrad National Bank v. Great Northern Railway Co.Montana Supreme Court · 1900
- Glacier General Assurance Co. v. State Farm Mutual Automobile InsuranceMontana Supreme Court · 1968
- United States v. WilliamsMontana Supreme Court · 1887
- Cramer v. Deschler Broom FactoryMontana Supreme Court · 1927
- Becker v. Board of CommissionersMontana Supreme Court · 1892