German American Insurance v. Paul
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Northern District. Willtam M. Springer, Judge. Action by Joseph Paul against the German-American Insurance Company. Judgment for plaintiff. Defendant appeals.
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Appeal from the United States Court for the Northern District. Willtam M. Springer, Judge. Action by Joseph Paul against the German-American Insurance Company. Judgment for plaintiff. Defendant appeals. On September 30, 1895, appellee filed his complaint against the appellant, alleging as follows: “Comes now the plaintiff herein, and for cause of action states that he is a citizen of the United States, residing within the Northern district of the Indian Territory, and that defendant is a foreign corporation, but doing business within, and having an agent within, this territory; that defendant…
1Opinion of the CourtClayton, J.
We think the complaint in this case was sufficient. It alleged that the defendant, for a valuabld consideration, issued to plaintiff a policy of insurance, insuring plaintiff against loss by fire of certain property therein alluded to; that said property was totally destroyed by fire; that proof of loss was made; that payment thereon had not been made; and praying judgment for $1,000. Joyce, Ins. § 3665 et seq.; Mansf. Dig. §§ 5065, 5083 (Ind. T. Ann. St. 1899, § § 3270, 3288). The failure to allege value of the property and ownership was cured by verdict. Jones vs Ins. Co., 55 Mo. 342;…
2Cases cited5 opinions
- Agricultural Insurance v. MontagueMichigan Supreme Court · 1878
- Jones v. St. Joseph Fire & Marine InsuranceSupreme Court of Missouri · 1874
- Traders Insurance v. NewmanIndiana Supreme Court · 1889
- Merrett v. Farmers' InsuranceSupreme Court of Iowa · 1875
- Jefferson v. HaleSupreme Court of Arkansas · 1876
3Cited by8 opinions
- Kludt v. German Mutual Fire InsuranceWisconsin Supreme Court · 1913
- Allen v. WildmanSupreme Court of Oklahoma · 1913
- Wisecup v. American InsuranceMissouri Court of Appeals · 1914
- United States Fire Ins. Co. of New York v. FarrisCourt of Appeals of Texas · 1927
- Planters' Mutual Insurance v. LoydSupreme Court of Arkansas · 1903
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