Peters v. Queen City Ins.
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice Bean. This is an action by the Peters & Roberts Furniture Company, a corporation, against the Queen City Fire Insurance Company, of Sioux Falls, South Dakota, a corporation, to recover on a fire insurance policy. The cause was tried before a jury, resulting in a verdict and judgment in favor of plaintiff for $2,406.61, from which defendant appeals. The complaint is in the usual form.
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From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice Bean. This is an action by the Peters & Roberts Furniture Company, a corporation, against the Queen City Fire Insurance Company, of Sioux Falls, South Dakota, a corporation, to recover on a fire insurance policy. The cause was tried before a jury, resulting in a verdict and judgment in favor of plaintiff for $2,406.61, from which defendant appeals. The complaint is in the usual form. It alleges that a fire insurance policy was issued by defendant on the 25th day of August, 1908, for a valuable consideration, insuring…
1Opinion of the CourtJustice Bean
Mr. Justice Burnett dissents.
1. The denial of the execution and delivery of an instrument is inconsistent with a separate defense which *386admits the execution of the instrument, or which is founded upon the instrument being in existence and binding.
2. The test of an inconsistent defense is whether or not the proof of one necessarily disproves the other. Defenses are inconsistent when one of them admits a fact, and the other denies the same fact. The admission will prevail and the fact be deemed admitted. Veasey v. Humphreys, 27 Or. 515 (41 Pac. 8) ; Maxwell v. Bolles, 28 Or. 1 (41 Pac. 661) ;…
2Cases cited24 opinions
- Continental Life Insurance v. RogersIllinois Supreme Court · 1887
- Raleigh & Gaston Railroad v. Pullman Co.Supreme Court of Georgia · 1905
- Fiore v. LaddOregon Supreme Court · 1896
- Morgan's EstateOregon Supreme Court · 1904
- Normile v. Oregon Navigation Co.Oregon Supreme Court · 1902
19 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Jaloff v. United Auto Indemnity ExchangeOregon Supreme Court · 1926
- Stipe v. First National BankOregon Supreme Court · 1956
- Downs v. NihillMontana Supreme Court · 1930
- Clarkson v. WongOregon Supreme Court · 1935
- Johnson v. SteeleOregon Supreme Court · 1936
5 more not listed; retrieve them via the Exa API.