Samchuck v. Insurance Co.
Oregon Supreme Court
From Multnomah: Harry H. Belt, Judge. Department 1. Plaintiff brought this action to recover $911.70, based upon an adjustment and agreement to pay that amount for a loss on a building occasioned by fire. The building was insured by the defendant company by a policy issued in 1915. The cause was tried before the court and a jury, and a verdict rendered in favor of plaintiff. The defendant appeals from a judgment rendered thereon.
1Opinion of the CourtBean, J.
1. The ease was here upon a former appeal and the opinion is reported in 91 Or. 692 (179 Pac. 257). The law governing the case was practically settled by the former opinion. The issues in the case were referred to in that opinion, and need not be repeated here.
The main question presented upon this appeal by defendant is, that there is no testimony showing that there was ah adjustment of the loss and an agreement to pay by the defendant. This is contended for upon the ground that there was another policy of insurance upon the building, at the time of the loss, which was issued by the Oregon…
2Cases cited4 opinions
- Mayor of New York v. Hamilton Fire InsuranceNew York Court of Appeals · 1868
- First National Bank v. Manchester Fire Assurance Co.Supreme Court of Minnesota · 1896
- Fournier v. German American InsuranceSupreme Court of Rhode Island · 1901
- Samchuck v. Insurance Co. of North AmericaOregon Supreme Court · 1919
3Cited by2 opinions
- Cab Co. v. . Casualty Co.Supreme Court of North Carolina · 1941
- Blue Bird Cab Co. v. American Fidelity & Casualty Co.Supreme Court of North Carolina · 1941