German Insurance v. Hyman
Nebraska Supreme Court
Error to the district court for Seward county. Tried below before Norval, J. If defendant in error was not the actual and bona fide owner she cannot recover (Baldwin v. Ins. Co., 15 N. W. Rep.' [Ia.], 300), and extrinsic evidence is admissible to show that she is not the owner or to show who the owner is.
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Error to the district court for Seward county. Tried below before Norval, J. If defendant in error was not the actual and bona fide owner she cannot recover (Baldwin v. Ins. Co., 15 N. W. Rep.' [Ia.], 300), and extrinsic evidence is admissible to show that she is not the owner or to show who the owner is. (Abbott’s Trial Ev., 487). She could not, while thus fraudulently holding the property by representing to the insurance company that she is a good faith.owner, procure insurance on it which she could not procure if the facts were known to the insurance company, and after fire recover for the…
1Opinion of the CourtPost, J.
This was an action on a policy of insurance issued by the plaintiff in error to the defendant in error on a stock *706of millinery and fancy goods. Plaintiff below recovered judgment in the district court of Seward county, which we are called upon to review upon a petition in error filed by defendant below. The chief ground of contention in this court by plaintiff in error is that the defendant in error, Sophia Hyman, was not the owner in good faith of the goods, in question and that they had been purchased with money and the proceeds of property given her by her husband, Louis liyman, for the…
2Cases cited2 opinions
- Mathews v. StateNebraska Supreme Court · 1886
- Baldwin v. State InsuranceSupreme Court of Iowa · 1883
3Cited by10 opinions
- Hanover Fire Insurance v. BohnNebraska Supreme Court · 1896
- Crossman v. American InsuranceMichigan Supreme Court · 1917
- Rochester Loan & Banking Co. v. Liberty InsuranceNebraska Supreme Court · 1895
- Pike v. American Alliance InsuranceSupreme Court of Georgia · 1925
- Citizens Insurance Co. v. HerpolsheimerNebraska Supreme Court · 1906
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