Chaplin v. Mutual Cash Guaranty Fire Ins.
South Dakota Supreme Court
Appeal from Circuit Court, Beadle County. Hon. Arva E. Tayror, Judge. Action by D. E- Chaplin and another against the Mutual Cash Guaranty Fire Insurance Company. Judgment for plaintiffs, and defendant appeals.
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Appeal from Circuit Court, Beadle County. Hon. Arva E. Tayror, Judge. Action by D. E- Chaplin and another against the Mutual Cash Guaranty Fire Insurance Company. Judgment for plaintiffs, and defendant appeals. The .policy provides: “It shall be the duty of the insurer, in order to avail himself of any provision in this policy rendering it void to promptly cancel the policy as provided herein upon having or obtaining notice or knowledge of the'existence of any facts or circumstances which would, according to the terms of this policy, render it void; otherwise it will be deemed to have waived…
1Opinion of the CourtCorson, J.
This is an appeal by the defendant from a judgment entered in favor of the plaintiffs, and from the order-denying a new trial. The action was instituted originally by D. E. Chaplin as sole plaintiff against the defendant upon a policy of insurance bearing date of March 12, 1907, to secure the payment of the sum of $1,000 in case of the loss by ñre of plaintiff’s flour mill property situated in the town of-Hitchcock, Beadle county, in this state. Attached to the policy of insurance above described is the statement that: “Loss, if any, payable to A. J. Glidden, as his interests may appear.” And…
2Cases cited5 opinions
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- State v. . WilliamsSupreme Court of North Carolina · 1872
- American Telephone & Telegraph Co. v. GreenIndiana Supreme Court · 1905
- State v. HarrisSupreme Court of Louisiana · 1899
- McCornick v. Queen of Sheba Gold Mining & Milling Co.Utah Supreme Court · 1900
3Cited by3 opinions
- Dieter v. ScottSupreme Court of Vermont · 1939
- Wiles v. MullinaxSupreme Court of North Carolina · 1969
- Wiles v. MullinaxSupreme Court of North Carolina · 1969