Fowler v. Phœnix Insurance
Oregon Supreme Court
From Multnomah : J. O. Fullerton, Judge. Action by Joseph Fowler against the Phoenix Insurance Company of Hartford, Connecticut, to recover the sum of $500 for loss and damages alleged to have been sustained by the burning of insured property. The policy sued on covers $350 on a dwelling house, $100 on household furniture, and $50 on family wearing apparel, all contained in such dwelling. The complaint is in the usual form.
Read the full summary
From Multnomah : J. O. Fullerton, Judge. Action by Joseph Fowler against the Phoenix Insurance Company of Hartford, Connecticut, to recover the sum of $500 for loss and damages alleged to have been sustained by the burning of insured property. The policy sued on covers $350 on a dwelling house, $100 on household furniture, and $50 on family wearing apparel, all contained in such dwelling. The complaint is in the usual form. The answer puts in issue the material allegations of the complaint, and sets up three separate defenses : First. That the fire occurred either by the act or procurement of…
1Opinion of the CourtChief Justice Wolverton
1. The third defense was not insisted upon at the trial, and there is no question here concerning it. Many objections were interposed to the introduction of evidence and to the propriety and competency of certain instructions given the jury, based on the insufficiency of the facts stated in the answer to support the first two defenses. The special findings of the jury indicate unmistakably that the general verdict for the defendant was based entirely and exclusively upon the second defense. Under this condition or state of the record, if errors were committed by the court in the admission of…
2Cases cited14 opinions
- Claflin v. Commonwealth InsuranceSupreme Court of the United States · 1884
- Insurance Companies v. WeidesSupreme Court of the United States · 1872
- Trabue v. Dwelling House InsuranceSupreme Court of Missouri · 1894
- Va. Fire & Marine Insurance v. VaughanSupreme Court of Virginia · 1892
- McGowan v. People's Mutual Fire Ins.Supreme Court of Vermont · 1881
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Portland Iron Works v. WillettOregon Supreme Court · 1907
- Eslamizar v. American States InsuranceCourt of Appeals of Oregon · 1995
- Layne v. Portland Traction Co.Oregon Supreme Court · 1957
- Graham v. Coos Bay R. & N. Co.Oregon Supreme Court · 1914
- Henricksen v. Home InsuranceOregon Supreme Court · 1964
11 more not listed; retrieve them via the Exa API.