Siegele v. Des Moines Mut. Hail Ins.
South Dakota Supreme Court
Appeal from Circuit Court, Campbell County; Hon. J. H. BotTum, Judge. Action by William S. Siegele, as administrator of the estate of Christian Bauer, deceased, against the Des Moines Mutual Hail Insurance Association. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtWhiting, J.
This action was brought to recover a balance of $525 claimed to be due upon a -hail insurance policy. Verdict and judgment were for plaintiff; a new trial was denied, and defendant appealed from such judgment and from the order denying a new trial.
The main question for discussion is whether or not there was an accord and satisfaction barring the recovery of the $525. A dispute arose between the insurance company and the assured in relation to the adjustment that was made of the loss. No question arose but .what the loss was adjusted by the assured, and an authorized adjuster sent by the…
2Cases cited1 opinion
- Hagen v. Townsend & WhiteSouth Dakota Supreme Court · 1911
3Cited by4 opinions
- Scholl v. TallmanSouth Dakota Supreme Court · 1976
- Qualseth v. ThompsonSouth Dakota Supreme Court · 1921
- Hamburger v. Economy Department StoreSouth Dakota Supreme Court · 1928
- Hamburger v. Economy Department StoreSouth Dakota Supreme Court · 1928