Schouweiler v. Merchants' Mutual Insurance
South Dakota Supreme Court
Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. Action by N. A. Schouweiler and. another, co-partners, against the Merchants’ Mutual Insurance Association. Judgment for plaintiffs, and defendant appeals. The facts are stated in the opinion. Appraisement was a condition precedent to plaintiff’s right to sue. Gassner v. Sun Fire Office (Minn.), 44 N. W. 252; Chippewa Lumber Co. v. Ins.
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Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. Action by N. A. Schouweiler and. another, co-partners, against the Merchants’ Mutual Insurance Association. Judgment for plaintiffs, and defendant appeals. The facts are stated in the opinion. Appraisement was a condition precedent to plaintiff’s right to sue. Gassner v. Sun Fire Office (Minn.), 44 N. W. 252; Chippewa Lumber Co. v. Ins. Co. (Mich.), 44 N. W. 1055; Morely. v. Ins.,, Co. (Mich.), 48 N. W. 502; Hamilton v. Ins. Co. 136 U. S. 242; Hutchinson v. Ins. Co. (Mass.), 10 L. R. A. 558; Corrall v. Fire Ins. Co., 72…
1Opinion of the CourtCorson, P. J.
This was an action on a policy of insurance. The plaintiffs recovered judgment, and the defendant appeals. The defendant in its answer sets up as a defense to the action, that, by a provision in one clause of the policy, no action can be maintained thereon by the plaintiffs until the expiration of *40360 days after the loss or damage had been determined by arbitrators appointed as specified in the policy. This clause of the policy reads as follows: “In the event of disagreement as to the amount of loss, the same shall, as above provided, be ascertained by two competent and disinterested appraisers,…
2Cases cited5 opinions
- Adams v. New York Bowery Fire InsuranceSupreme Court of Iowa · 1892
- Connecticut Fire Ins. v. HamiltonCourt of Appeals for the Sixth Circuit · 1893
- Harrison v. German-American Fire Ins.U.S. Circuit Court for the Southern District of Iowa · 1895
- Broadway Insurance v. DoyingSupreme Court of New Jersey · 1893
- Summerfield v. North British & Mercantile Ins. Co.District Court, W.D. Virginia · 1894
3Cited by3 opinions
- International Service Insurance Co. v. BrodieCourt of Appeals of Texas · 1960
- Schultz v. Des Moines Mutual Hail & Cyclone InsuranceSouth Dakota Supreme Court · 1915
- Norris v. Equitable Fire Ass'nSouth Dakota Supreme Court · 1905