Bartow v. Northern Assur. Co.
South Dakota Supreme Court
Appeal from circuit court, Aurora county. Hon. D. Haney, Judge. Action upon a policy of fire insurance. Plaintiff had judgment, from which and from an order denying its motion for a new trial, defendant appeals. The facts are stated in the opinion. In order to support the judgment the special verdict must pass upon all the material issues made by the pleadings. 28 Am. & Eng.
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Appeal from circuit court, Aurora county. Hon. D. Haney, Judge. Action upon a policy of fire insurance. Plaintiff had judgment, from which and from an order denying its motion for a new trial, defendant appeals. The facts are stated in the opinion. In order to support the judgment the special verdict must pass upon all the material issues made by the pleadings. 28 Am. & Eng. Encyc. of Law, 383; Waymyre v. Lank, 121 Ind. 1; Pint v. Bauer, 31 Minn. 4; Lane v. Lenfest, 40 Minn. 375; Clay v. State, 43 Ala. 350. There was no error in the failure of the court to submit to the jury the question of…
1Opinion of the CourtCorson, P. J.
This is an action upon a policy of insurance issued by the defendant upon a stock of goods. Verdict and judgment for plaintiff, and the defendant appeals.
The plaintiff in his complaint alleges that the defendant is a corporation; that on the 23d day of February, 1895, the defendant issued to plaintiff a policy of insurance, and thereby insured the plaintiff against loss or damage by fire in the amount of $2,000, upon his stock of general merchandise in the city of Plankinton, S. D., that at the time of the making of the said insurance, and from then until the fire thereinafter mentioned, he…
2Cases cited23 opinions
- Brazil Block Coal Co. v. HoodletIndiana Supreme Court · 1891
- Seward v. Jackson ex dem. Van WyckCourt for the Trial of Impeachments and Correction of Errors · 1826
- Moore v. MooreTexas Supreme Court · 1887
- Indianapolis, Peru & Chicago Railway Co. v. BushIndiana Supreme Court · 1885
- Vinton v. BaldwinIndiana Supreme Court · 1884
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3Cited by3 opinions
- Taylor v. VandenbergSouth Dakota Supreme Court · 1902
- Wilson v. Commercial Union Ins.South Dakota Supreme Court · 1902
- Bartow v. Royal Ins.South Dakota Supreme Court · 1897