Ennis v. Retail Merchants Ass'n Mutual Fire Insurance
North Dakota Supreme Court
Appeal from the District Court of Cass County, Pollock, J. Action to recover on a fire insurance policy. Verdict and judgment for the plaintiff, which is set aside and a judgment notwithstanding the verdict entered for the defendant. Plaintiff appeals.
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Appeal from the District Court of Cass County, Pollock, J. Action to recover on a fire insurance policy. Verdict and judgment for the plaintiff, which is set aside and a judgment notwithstanding the verdict entered for the defendant. Plaintiff appeals. Statement of facts by Bruce, J. This is an action to recover on a fire insurance policy, and the appeal is from the action of the district court in setting aside a verdict for the plaintiff and entering judgment for the defendant notwithstanding the same. The complaint alleged that the defendant was engaged in the general fire insurance…
1Opinion of the CourtBruce, J.
(after stating the facts as above). It is quite clear to us that the mere fact that, during the negotiations in regard to the loss, the defendant insurance company said nothing about the failure to maintain the safe and to keep the books therein, did not estop it from raising and interposing such a defense upon the trial and when it first learned of such failure. “The doctrine of waiver . . . should not be extended so as to deprive a party of his defense, merely because he negligently, incautiously, when a claim is first presented, while denying his liability, omits to disclose the ground of…
2Cases cited12 opinions
- Southern Fire Insurance v. KnightSupreme Court of Georgia · 1900
- Devens v. Mechanics & Traders' InsuranceNew York Court of Appeals · 1880
- Joffe v. Niagara Fire InsuranceCourt of Appeals of Maryland · 1911
- Miller v. Delaware Insurance Co. of PhiladelphiaSupreme Court of Oklahoma · 1904
- Southern Insurance v. HastingsSupreme Court of Arkansas · 1897
7 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Kinnischtzke v. City of Glen UllinNorth Dakota Supreme Court · 1953
- Bormann v. BeckmanNorth Dakota Supreme Court · 1945
- Beauchamp v. Retail Merchants Ass'nNorth Dakota Supreme Court · 1917
- Meyer v. National Fire InsuranceNorth Dakota Supreme Court · 1936
- Cummings v. Conn. Gen. Life Ins. Co.Supreme Court of Vermont · 1930
20 more not listed; retrieve them via the Exa API.