Allen v. Phoenix Assurance Co.
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Action by plaintiffs to recover upon a policy of fire insurance. Plaintiffs introduced their evidence and rested their case, whereupon the court granted a nonsuit on motion of defendant. Plaintiffs appeal from the judgment and from an order denying a motion for a new trial.
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APPEAL from the District Court of the Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Action by plaintiffs to recover upon a policy of fire insurance. Plaintiffs introduced their evidence and rested their case, whereupon the court granted a nonsuit on motion of defendant. Plaintiffs appeal from the judgment and from an order denying a motion for a new trial. The facts as alleged in plaintiff’s amended complaint and established by the evidence makes a strong prima facie case, and should have been submitted to the jury. (Black v. City of Lewiston, 2 Idaho, 276, 13…
1Opinion of the CourtAilshie, J.
This case was taken from the jury on a motion for nonsuit on the submission of the plaintiffs’ case. The appeal is from the judgment and from an order denying arnew trial. The action was commenced for the recovery of the amount of loss sustained by the plaintiffs under a fire insurance policy issued by the defendant on certain of plaintiffs’ property. On the trial the plaintiffs proved the issuance of the policy and introduced the same in evidence, and the payment of the premium thereunder and the loss of the property. Plaintiffs had alleged in their complaint a waiver by the defendant of the…
2Cases cited27 opinions
- Farnum v. Phoenix InsuranceCalifornia Supreme Court · 1890
- Syndicate Ins. v. BohnCourt of Appeals for the Eighth Circuit · 1894
- Griffey v. New York Central InsuranceNew York Court of Appeals · 1885
- Phœnix Ins. v. SpiersCourt of Appeals of Kentucky · 1888
- Continental Insurance v. RuckmanIllinois Supreme Court · 1889
22 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Houran, Admr. v. Preferred Acc. Ins. Co. of N.Y.Supreme Court of Vermont · 1938
- State Mut. Ins. Co. v. GreenSupreme Court of Oklahoma · 1915
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- Arkansas Ins. Co. v. CoxSupreme Court of Oklahoma · 1908
- Waller v. City of New York Ins.Oregon Supreme Court · 1917
19 more not listed; retrieve them via the Exa API.