Montgomery v. Whitbeck
North Dakota Supreme Court
Appeal from District 'Court, Richland county; Lauder, J. Action by George S. Montgomery, as receiver of the Red River Valley Mutual Hail Insurance Company of North Dakota, against Andrew Whitbeck, to recover an assessment upon a policy. Plaintiff recovered in justice court, and afterwards, on appeal to the district court, a verdict was returned in his favor by direction. Defendant appeals from the judgment entered upon the verdict.
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Appeal from District 'Court, Richland county; Lauder, J. Action by George S. Montgomery, as receiver of the Red River Valley Mutual Hail Insurance Company of North Dakota, against Andrew Whitbeck, to recover an assessment upon a policy. Plaintiff recovered in justice court, and afterwards, on appeal to the district court, a verdict was returned in his favor by direction. Defendant appeals from the judgment entered upon the verdict. A mutual insurance company, under section 3108, Rev. Codes, must charge and collect fixed premiums from each of its members, either in cash or note payable…
1Opinion of the CourtCochrane, J.
The Red River Valley Mutual Hail Insurance Company of North Dakota was. organized as a mutual insurance company under the provisions of chapter 14 of the Civil Code, and received its certificate of authority to do an insurance business on the 23d day of April, 1898. Defendant signed a written application for insurance and membership in this company on April 14, 1898, and his policy of insurance was executed and delivered to him on the same day. By his application defendant stipulated to pay all just assessments, not to exceed 5 per cent of the face-of his policy, or $60, to be governed by the…
2Cases cited19 opinions
- President of the Bank of the United States v. OwensSupreme Court of the United States · 1829
- Harris v. RunnelsSupreme Court of the United States · 1851
- Swartwout v. Michigan Air Line RailroadMichigan Supreme Court · 1872
- Simeral v. Dubuque Mutual Fire InsuranceSupreme Court of Iowa · 1865
- American Insurance v. StoyMichigan Supreme Court · 1879
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3Cited by11 opinions
- School District No. 8 v. Twin Falls County Mutual Fire InsuranceIdaho Supreme Court · 1917
- J. P. Lamb & Co. v. Merchants National Mutual Fire InsuranceNorth Dakota Supreme Court · 1908
- Bach v. North Dakota Mutual Fire InsuranceNorth Dakota Supreme Court · 1928
- Godfrey v. North Dakota Farmers Mutual Tornado & Cyclone Co.North Dakota Supreme Court · 1933
- Walker v. ReinNorth Dakota Supreme Court · 1905
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