Farmers' State Bank v. Tri-State Mutual Grain Dealers Fire Insurance
South Dakota Supreme Court
■Appeal from Circuit Court, Turner County. Hon. Joseph W. Jones, Judge. . Action -by Farmers’ State Bank of Parker, South Dakota, a corporation, and R. D. Clisby, as administrator of the estate of Peter Meier, deceased, against the Tri-state Mutual Grain Dealers Fire Insurance Company of Luverne, Minnesota, a corporation, to-recover for loss resulting from destruction by fire of a grain elevator.
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■Appeal from Circuit Court, Turner County. Hon. Joseph W. Jones, Judge. . Action -by Farmers’ State Bank of Parker, South Dakota, a corporation, and R. D. Clisby, as administrator of the estate of Peter Meier, deceased, against the Tri-state Mutual Grain Dealers Fire Insurance Company of Luverne, Minnesota, a corporation, to-recover for loss resulting from destruction by fire of a grain elevator. From a judgment for plaintiffs, and from an order denying a new trial, defendant appeals. (1) To point one of the opinion, Respondents cited: German Insurance & Saving Institution v. Kline, (Neb.),…
1Opinion of the CourtP'Olley, J.
This action was brought to recover on a fire insurance polity. The subject of the insurance was a grain elevator situated on a railway right of way at Parker. At the time of the issuance of the policy, and at the time of the fire that caused the loss, the elevator was in possession of, and under the control of, one Peter Meier, who was operating said elevator as the sole owner thereof. The policy was issued on the 2d d’ay of July, 1915, and the elevator was destroyed by fire on the 25th day of January, 1916. The dlefendant refused to pay the loss, and Meier commenced this action, but died…
2Cases cited10 opinions
- Hough v. City Fire InsuranceSupreme Court of Connecticut · 1860
- Insurance Co. of North America v. BachlerNebraska Supreme Court · 1895
- Castner v. Farmers' Mutual Fire InsuranceMichigan Supreme Court · 1881
- German Insurance & Savings Institution v. KlineNebraska Supreme Court · 1895
- First Congregational Church v. Holyoke Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1893
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3Cited by3 opinions
- Hardware Mut. Ins. Co. of Minnesota v. Jacob Hieb, Inc.Court of Appeals for the Eighth Circuit · 1945
- Flanagan v. Sunshine Mutual InsuranceSouth Dakota Supreme Court · 1950
- Twin City Fire Ins. Co. v. First Nat. BankSupreme Court of Oklahoma · 1930