Rochester Loan & Banking Co. v. Liberty Insurance
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Keysor, J. See opinion for statement of the case. The company made defense upon the merits of the case, contending and answering that the policy was void, whereby it cannot now be heard to allege and rely upon a want of proof of loss. (Phenix Ins. Co. v. Bachelder, 32 Neb., 490.) Oral testimony is not admissible to show that the title was held in trust. (Bichiell v. Lancaster City & County Fire Ins.
Read the full summary
Error from the district court of Douglas county. Tried below before Keysor, J. See opinion for statement of the case. The company made defense upon the merits of the case, contending and answering that the policy was void, whereby it cannot now be heard to allege and rely upon a want of proof of loss. (Phenix Ins. Co. v. Bachelder, 32 Neb., 490.) Oral testimony is not admissible to show that the title was held in trust. (Bichiell v. Lancaster City & County Fire Ins. Co., 58 N. Y., 677; Ayers v. Hartford. Fire Ins. Co., 17 la., 188; German Ins. Co. v. Hyman, 34 Neb., 704.) The insurer had an…
1Opinion of the Court
Ragan, C.
This action was brought in the district court of Douglas county by L. G. Bangs against the Liberty Insurancé Company of the city of New York (hereinafter called the “Insurance Company”). The action was based on an ordinary fire insurance policy issued by the Insurance Company to Bangs on certain real estate situate in the city of Omaha. The Rochester Loan & Banking Company (hereinafter called the “ Loan Company ”) was joined as a party plaintiff because the policy provided that the loss, if any, should be payable to it as mortgagee. At the close of the evidence the jury, in obedience…
2Cases cited10 opinions
- Commercial Insurance v. SpanknebleIllinois Supreme Court · 1869
- Short v. . Home Insurance CompanyNew York Court of Appeals · 1882
- Omaha Fire Insurance v. Dierks & WhiteNebraska Supreme Court · 1895
- Aurora Fire & Marine Insurance v. KranichMichigan Supreme Court · 1877
- Hanover Fire Insurance v. GustinNebraska Supreme Court · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Hanover Fire Insurance v. BohnNebraska Supreme Court · 1896
- Ætna Insurance v. SimmonsNebraska Supreme Court · 1896
- Gordon v. St. Paul Fire & Marine InsuranceMichigan Supreme Court · 1917
- Oakland Home Insurance v. Bank of CommerceNebraska Supreme Court · 1896
21 more not listed; retrieve them via the Exa API.