Legal Opinion

Castner v. Farmers' Mutual Fire Insurance

Michigan Supreme Court

Decided April 13, 1881PublishedCited by 21 opinions

Error to Van Burén. Assumpsit. Plaintiffs bring error.

1Opinion of the CourtCampbell, J.

Plaintiffs sued upon a policy of insurance-issued to them jointly on a dwelling and personal property-contained in it, both of which were destroyed by fire. The house was occupied by both — being mother and son — but each occupied separate portions, and the son owned the fee subject to his mother’s life interest. The personal property was also owned in severalty, the son’s property being the largest part. The fire caught from a dry-house near the dwelling, as was shown by plaintiffs.

The defense urged on the trial was — -first, that the property was not joint; second, that the policy was…

2Cases cited1 opinion

  1. Rogers v. Trader's InsuranceNew York Court of Chancery · 1837

3Cited by21 opinions

  1. Kausal v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1883
  2. Monaghan v. Agricultural Fire InsuranceMichigan Supreme Court · 1884
  3. Wagner & Chabot v. Westchester Fire InsuranceTexas Supreme Court · 1899
  4. Morgan v. Cincinnati InsuranceMichigan Supreme Court · 1981
  5. Commercial Fire Ins. v. AllenSupreme Court of Alabama · 1886

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