Sweaney & Smith Co. v. St. Paul Fire & Marine Insurance
Idaho Supreme Court
APPEAL from tbe District Court of the Seventh Judicial District, for Washington County. Hon. Ed. L. Bryan, Judge. Action to recover on fire insurance policy. Judgment for plaintiffs. Parol evidence is inadmissible to vary an insurance contract. (Northern As sur. Co. v. Grand View Building Assn., 183 U. S. 308, 22 Sup. Ct. 133, 46 L. ed. 213; Penman v. St. Paul Fire & Marine Ins. Co., 216 U. S. 311, 30 Sup.
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APPEAL from tbe District Court of the Seventh Judicial District, for Washington County. Hon. Ed. L. Bryan, Judge. Action to recover on fire insurance policy. Judgment for plaintiffs. Parol evidence is inadmissible to vary an insurance contract. (Northern As sur. Co. v. Grand View Building Assn., 183 U. S. 308, 22 Sup. Ct. 133, 46 L. ed. 213; Penman v. St. Paul Fire & Marine Ins. Co., 216 U. S. 311, 30 Sup. Ct. 312, 54 L. ed. 493; Lumber Underwriters of New York v. Rife, 237 U. S. 605, 35 Sup. Ct. 717, 59 L. ed. 1140; Kentucky Vermillion Mining & Concentrating Co. v. Norwich Union Fire Ins.…
1Opinion of the CourtBudge, J.
This action was brought by respondents to recover from appellant the sum of $4,000 upon a fire insurance policy in that amount, covering a flour-mill at Midvale, owned by respondent Sweaney & Smith Company, upon which respondent The Weiser Loan and Trust Company held a mortgage.
It appears that respondents are both domestic corporations, and that appellant is a Minnesota corporation, which has complied with the requirements of the law of this state relating to foreign corporations. The mill, consisting of three buildings of the alleged value of $8,000, and of machinery, furniture and fixtures…
2Cases cited22 opinions
- Raulet v. Northwestern Nat'l Ins. Co. of MilwaukeeCalifornia Supreme Court · 1910
- Hanover Fire Insurance v. GustinNebraska Supreme Court · 1894
- Hart v. Niagara Fire InsuranceWashington Supreme Court · 1894
- National Mutual Fire Insurance v. DuncanSupreme Court of Colorado · 1908
- Port Blakely Mill Co. v. Springfield Fire & Marine InsuranceWashington Supreme Court · 1910
17 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Stephens v. New Hampshire Insurance CompanyIdaho Supreme Court · 1968
- Watkins Ex Rel. Watkins v. Federal Life InsuranceIdaho Supreme Court · 1934
- Owen v. Taylor Ex Rel. TaylorIdaho Supreme Court · 1941
- Lewis v. Continental Life and Accident Co.Idaho Supreme Court · 1969
- Rosenau v. Idaho Mutual Benefit Ass'nIdaho Supreme Court · 1944
28 more not listed; retrieve them via the Exa API.