Wilkins v. National Union Fire Insurance
North Dakota Supreme Court
From a judgment of the District court of Morton county, Rembke, J., defendant appeals. Competency of jurors where the same question of fact is involved, and where one of the parties is the same in both cases.
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From a judgment of the District court of Morton county, Rembke, J., defendant appeals. Competency of jurors where the same question of fact is involved, and where one of the parties is the same in both cases. In Spear v. Spencer, I G. Greene 534, it appeared that jurors who had rendered a verdict on an indictment were held incompetent to sit in an' action of trespass against the same defendants, involving the same question in relation to the same subject matter, although they declared upon their voir dire that they had not formed or expressed an opinion. In Stephens v. State, 53 N. J. D. 245,…
1Opinion of the Court
Cooley, District Judge.
This is an appeal from a judgment in favor of the plaintiff. The action is upon a policy of insurance in which the defendant undertook to insure the plaintiff “against loss or damage to crops, and against failure of crops from hail, or any other cause, except fire, floods, and winter-kill, to the amount of $1,617.00” during the year *12991917. The complaint alleges the making of the contract to the effect above stated, the plaintiff’s ownership and the value of the crops per acre; that the plaintiff had sustained loss and damage within the risk assumed by the defendant;…
2Cases cited1 opinion
- Lehde v. National Union Fire InsuranceNorth Dakota Supreme Court · 1920
3Cited by5 opinions
- Rokusek v. National Union Fire InsuranceNorth Dakota Supreme Court · 1923
- Richter v. JonesNorth Dakota Supreme Court · 1985
- Gunsch v. GunschNorth Dakota Supreme Court · 1954
- Schwartz v. National Union Fire InsuranceNorth Dakota Supreme Court · 1922
- Tritchler v. SmithNorth Dakota Supreme Court · 1928