Legal Opinion

Bolte & Jansen v. Equitable Fire Ass'n

South Dakota Supreme Court

Decided May 21, 1909PublishedCited by 9 opinions

Appeal from Circuit Court, Beadle County. Hon. Chas. S. Whiting, Judge. Action by Bo-lte & Jansen against the Equitable Eire Association. Erom a judgment for plaintiffs, defendant appeals.

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Appeal from Circuit Court, Beadle County. Hon. Chas. S. Whiting, Judge. Action by Bo-lte & Jansen against the Equitable Eire Association. Erom a judgment for plaintiffs, defendant appeals. If, by the terms of the charter, arbitration be. provided for in such a manner as to indicate that it is the intention of the legislature to erect such a tribunal for the benefit of the parties, and to compel a resort to arbitration in the first instance, before appealing to the courts, then the court .-will not entertain a -suit until such arbitration has been -had. Crisp v. Bunbury, 21 Eng. C. R., 333 S.…

1Opinion of the CourtSmith, J.

Suit to recover for loss under a policy of fire insurance. Action tried to a jury, and verdict and judgment for the plaintiffs for $1,576.34 and costs; A motion for a new trial, based upon a statement of the case with exceptions, and containing all the evidence, was denied by the -trial court. , This appeal is from the judgment and the order overruling, the motion for a new-trial.

■No question is raised on this appeal as to the sufficiency of the complaint. The answer admits the copartnership of'the plaintiffs and the issuance of the policy,- and denies ea'ch and every other allegation in the…

2Cases cited11 opinions

  1. Dolan v. Missouri Town Mutual Fire InsuranceMissouri Court of Appeals · 1900
  2. Enos v. St. Paul Fire & Marine InsuranceSouth Dakota Supreme Court · 1894
  3. Bush v. Missouri Town Mutual InsuranceMissouri Court of Appeals · 1900
  4. Edgemont Imp. Co. v. N. S. Tubbs Sheep Co.South Dakota Supreme Court · 1908
  5. State v. BennettSouth Dakota Supreme Court · 1907

6 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Hannahs v. NoahSouth Dakota Supreme Court · 1968
  2. Baltimore American Ins. Co. v. Pecos Mercantile Co.Court of Appeals for the Tenth Circuit · 1941
  3. Chicago & E. R. v. Ohio City Lumber Co.Court of Appeals for the Sixth Circuit · 1914
  4. Christensen v. Royal InsuranceSouth Dakota Supreme Court · 1937
  5. Nichols & Shepard Co. v. MarshallSouth Dakota Supreme Court · 1911

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