Schmurr v. State Insurance
Oregon Supreme Court
From Multnomah: E. D. Shattuck, Judge. Action by John Schmurr against the State insurance Co., of Salem, Oregon, to recover on a policy of fire insurance. After a jury trial plaintiff had judgment as prayed, from which defendant appeals.
1Opinion of the Court
Opinion by
Mr. Justice Bean.
This is an action upon a fire insurance policy which provides that as a part of the proof of loss the assured “shall produce a certificate under the hand and seal of a magistrate or notary public (nearest to the place of the fire, not concerned in the loss as a creditor or otherwise, nor related to the assured), stating that he has examined the circumstances attending the loss, knows the character and circumstances of the assured, and verily believes that the assured has, without fraud, sustained loss on the property insured to the amount which such magistrate or…
2Cases cited10 opinions
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Phœnix Ins. v. SpiersCourt of Appeals of Kentucky · 1888
- Webster v. Phœnix InsuranceWisconsin Supreme Court · 1874
- Miner v. Phœnix InsuranceWisconsin Supreme Court · 1871
- Phœnix Insurance v. TuckerIllinois Supreme Court · 1879
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3Cited by15 opinions
- Corporation of the Royal Exchange Assurance v. FranklinSupreme Court of Georgia · 1924
- Municipal Security Co. v. Baker CountyOregon Supreme Court · 1901
- German-American Insurance v. YeagleyIndiana Supreme Court · 1904
- Smith v. MartinOregon Supreme Court · 1919
- Fagerlie v. New York Life InsuranceOregon Supreme Court · 1929
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