Burnham v. Interstate Casualty Co.
Michigan Supreme Court
Error to Wayne; Carpenter, J. Garnishment proceedings by James K. Burnbam and others against the Interstate Casualty Company of New York, as garnishee of Eva Winans. From a judgment for plaintiffs, the garnishee defendant brings error. The appellant is garnishee of the principal defendant in several suits that were consolidated and tried as one.
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Error to Wayne; Carpenter, J. Garnishment proceedings by James K. Burnbam and others against the Interstate Casualty Company of New York, as garnishee of Eva Winans. From a judgment for plaintiffs, the garnishee defendant brings error. The appellant is garnishee of the principal defendant in several suits that were consolidated and tried as one. The suits were commenced August 29, 1896. Plaintiffs’ claim rests on an accident policy issued by appellant on the application of W. N. Winans, the husband of the principal defendant. The policy, among other things, provided, in case of his death by…
1Opinion of the CourtGrant, C. J.
(after stating the facts). Two reasons are urged against the judgment: (1) That there was no evidence that Mr. Winans came to his death by external, violent, and accidental means; (2) that there was a breach of warranty in applying for and obtaining the subsequent insurance in the Standard Company without notice to the defendant.
1. Upon the first point the learned counsel state their contention as follows:
*145“There is no direct evidence of accidental drowning. The undisputed physical facts tell their own story. They say, as we shall presently show, that Mr. Winans may have drowned accidentally;…
2Cases cited7 opinions
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- Manufacturers' Accident Indemnity Co. v. DorganCourt of Appeals for the Sixth Circuit · 1893
- Mallory v. . the Travelers' Ins. Co.New York Court of Appeals · 1871
- Marthinson v. North British & Mercantile InsuranceMichigan Supreme Court · 1887
- United Firemen's Ins. v. ThomasCourt of Appeals for the Seventh Circuit · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Shepherd v. Midland Mutual Life Ins.Ohio Supreme Court · 1949
- Dolan v. Missouri Town Mutual Fire InsuranceMissouri Court of Appeals · 1900
- Curth v. New York Life Ins. Co.Michigan Supreme Court · 1936
- Supreme Tent Knights of Maccabees of the World v. KingCourt of Appeals for the Sixth Circuit · 1906
- Wisconsin Michigan Power Co. v. General Casualty & Surety Co.Michigan Supreme Court · 1930
22 more not listed; retrieve them via the Exa API.