Legal Opinion

Farmers & Merchants Insurance v. Jensen

Nebraska Supreme Court

Decided October 5, 1898No. 9877PublishedCited by 6 opinions

Error from the district court of Saunders county. Tried below -before Sedgwick, J. The opinion contains a statement of the case. The pleading's and proof establish a breach of the condition against change of title, and the company is not liable. (Oakes v. Manufacturers Fire & Marine Ins. Co., 131 Mass. 164; Baldioin v. Phcenix Ins. Co., 60 N. H. 164; Lang-don v. Minnesota Farmers Mutual Fire Ins. Ass’n, 22 Minn. 193; Milwaukee Mechanics Mutual Ins.

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Error from the district court of Saunders county. Tried below -before Sedgwick, J. The opinion contains a statement of the case. The pleading's and proof establish a breach of the condition against change of title, and the company is not liable. (Oakes v. Manufacturers Fire & Marine Ins. Co., 131 Mass. 164; Baldioin v. Phcenix Ins. Co., 60 N. H. 164; Lang-don v. Minnesota Farmers Mutual Fire Ins. Ass’n, 22 Minn. 193; Milwaukee Mechanics Mutual Ins. Co. v. Ketterlin, 24. 111. App. 188; Milicaukee Trust Co. v. Lancashire Ins. Co., 70 N. W. Rep. [Wis.] 81; Daclnmn Mfg. Co. v. Worcester Mutual…

1Opinion of the Court

Ragan, C.

This is an error proceeding instituted in this court by the Farmers & Merchants Insurance Company to review a judgment of the district court of Saunders county pronounced against it in favor of Iver Jensen. Jensen in his petition declared upon an ordinary fire insurance policy. The insurer interposed as a defense to the action that the contract of insurance provided that it should cease to be in force “in case any change shall take place in the title * * * of the assured in the above mentioned property” without the consent -of the insurer thereto indorsed on the policy; that after…

2Cases cited5 opinions

  1. Oakes v. Manufacturers' Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1881
  2. Grable v. German Ins.Nebraska Supreme Court · 1891
  3. Langdon v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1875
  4. J. B. Ehrsam Machine Co. v. Phenix InsuranceNebraska Supreme Court · 1895
  5. Milwaukee Mechanics' Mutual Insurance v. KetterlinAppellate Court of Illinois · 1887

3Cited by6 opinions

  1. St. Paul Fire & Marine Insurance v. RuddyCourt of Appeals for the Eighth Circuit · 1924
  2. Coffin v. Northwestern Mutual Fire Ass'nIdaho Supreme Court · 1926
  3. Farmers & Merchants Insurance v. JensenNebraska Supreme Court · 1899
  4. Krug Park Amusement Co. v. New York Underwriters InsuranceNebraska Supreme Court · 1935
  5. First National Bank v. German American InsuranceNorth Dakota Supreme Court · 1911

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