Hill v. Farmers' Mutual Fire-Insurance
Michigan Supreme Court
Error to Benzie; Chittenden, J. Assumpsit by Russell C. Hill against the Farmers’ Mutual Fire-Insurance Company of Manistee, Benzie & Mason Counties on a policy of insurance. From a judgment for plaintiff on verdict directed by the court, defendant brings error. Defendant is a mutual fire-insurance company. The plaintiff became a member of it in 1890, and had a policy issued to him at that time upon his house, household goods, barn and contents, and live stock.
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Error to Benzie; Chittenden, J. Assumpsit by Russell C. Hill against the Farmers’ Mutual Fire-Insurance Company of Manistee, Benzie & Mason Counties on a policy of insurance. From a judgment for plaintiff on verdict directed by the court, defendant brings error. Defendant is a mutual fire-insurance company. The plaintiff became a member of it in 1890, and had a policy issued to him at that time upon his house, household goods, barn and contents, and live stock. He made a written application, in which he stated that the stovepipes were in good order, and he would keep them so. Two of the…
1Opinion of the CourtGrant, J.
(after stating the facts).' 1. The court held that there was no forfeiture, that plaintiff was a perpetual member of the company, and that the provisions of the charter and by-laws in regard to suspension simply mean “that during the time that members of this company are in arrears they can collect no loss, but as soon as they are paid up they can collect for any and all losses that may occur either before or after the time, — that is, if there is nothing due to “the company.” We think that the court did not construe these provisions of the charter correctly. Courts cannot make contracts;…
2Cases cited3 opinions
- Williams v. Albany City InsuranceMichigan Supreme Court · 1870
- Towle v. Ionia, Eaton & Barry Farmers' Mutual Fire InsuranceMichigan Supreme Court · 1892
- Elmondorph v. Citizens' Mutual Fire InsuranceMichigan Supreme Court · 1892
3Cited by10 opinions
- Bankers Life Co. v. RichardsonCalifornia Supreme Court · 1923
- Downing v. Erie School DistrictSupreme Court of Pennsylvania · 1929
- Eikelberger v. Insurance Co. of North AmericaSupreme Court of Kansas · 1919
- Stutzman v. Cicero Mutual Fire InsuranceWisconsin Supreme Court · 1912
- Ancient Order of United Workmen v. HobbsSupreme Court of Kansas · 1933
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