Mosness v. German-American Insurance Co. of New York
Supreme Court of Minnesota
Appeal by defendant, the German-American Insurance Company of New York, from a judgment of the District Court of Bamsey County, Egan, J., entered November 2, 1891, against it for $1,226.52. By the terms of the policy, when a disagreement as to the amount of loss arose, an award of appraisers became a condition precedent to the right of action. Gasser v. Sun Fire Office, 42 Minn. 315; Chippewa Lumber Co. v. Phenix Ins. Co., 80 Mich. 116; Hamilton v. Liverpool, etc., Ins.
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Appeal by defendant, the German-American Insurance Company of New York, from a judgment of the District Court of Bamsey County, Egan, J., entered November 2, 1891, against it for $1,226.52. By the terms of the policy, when a disagreement as to the amount of loss arose, an award of appraisers became a condition precedent to the right of action. Gasser v. Sun Fire Office, 42 Minn. 315; Chippewa Lumber Co. v. Phenix Ins. Co., 80 Mich. 116; Hamilton v. Liverpool, etc., Ins. Co., 136 U. S. 242; Hutchinson v. Liverpool, etc., Ins. Co., 153 Mass. 143; Hamilton v. Home Ins. Co., 137 U. S. 370. No…
1Opinion of the CourtCollins, J.
This action was brought to recover for insurance upon plaintiff’s household goods, wearing apparel, and other chattels, damaged, and, in part, wholly destroyed, by fire. There was insurance in another company on the same property by consent. The complaint contained the usual allegations; among others, that plaintiff had performed and complied with all of the terms and conditions precedent found in the policy, a copy of which was made a part of the pleading. It was also alleged that, after having examined the plaintiff’s loss, the defendant company insisted upon paying a certain named sum,…
2Cases cited6 opinions
- Hall v. Norwalk Fire InsuranceSupreme Court of Connecticut · 1888
- Gasser v. Sun Fire OfficeSupreme Court of Minnesota · 1890
- Brush v. FisherMichigan Supreme Court · 1888
- Trainor v. WormanSupreme Court of Minnesota · 1885
- Overby v. ThrasherSupreme Court of Georgia · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Levine v. Lancashire InsuranceSupreme Court of Minnesota · 1896
- Lesure Lumber Co. v. Mutual Fire InsuranceSupreme Court of Iowa · 1897
- St. Paul Fire Marine Ins. Co. v. MittendorfSupreme Court of Oklahoma · 1909
- Stemmer v. Scottish InsuranceOregon Supreme Court · 1898
- McQuaid Market House Co. v. Home Insurance Co.Supreme Court of Minnesota · 1920
32 more not listed; retrieve them via the Exa API.