Smith v. National Surety Co.
Oregon Supreme Court
From Multnomah: Gustav Anderson, Judge. Statement by Mr. Justice Benson. This is an action by Bessie Smith against the National Surety Company, a corporation, to recover upon what is known as a “burglary” insurance policy.
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From Multnomah: Gustav Anderson, Judge. Statement by Mr. Justice Benson. This is an action by Bessie Smith against the National Surety Company, a corporation, to recover upon what is known as a “burglary” insurance policy. From the record in the case it appears that in January, 1914, the plaintiff, who was living in the Stelwyn Apartments, Portland, Oregon, was the holder of such a policy from the defendant corporation for the protection of certain jewelry and precious stones. A man by the name of Boaz, an ex-convict, having learned that plaintiff’s husband was out of town, called upon her at…
1Opinion of the CourtJustice Benson
The principal assignment of error consists in defendant’s contention that the complaint does not state facts sufficient to constitute a cause of action, in that it does not allege burglary, theft or larceny, and that there is no allegation of ownership of the property taken. The portion of the complaint which is material in this discussion reads as follows:
“Thereafter, and while said policy of insurance was in full force and effect, to wit, the-day of January, 1914, there was surreptitiously and feloniously taken from the apartment of the plaintiff in the said Stelwyn Apartments, Washington…
2Cases cited3 opinions
- State v. RyanOregon Supreme Court · 1905
- Weishaar v. PendletonOregon Supreme Court · 1914
- State v. MeldrumOregon Supreme Court · 1902
3Cited by7 opinions
- Cooper v. Hillsboro Garden TractsOregon Supreme Court · 1915
- State v. BoloffOregon Supreme Court · 1931
- State v. MillerOregon Supreme Court · 1931
- General Cas. Co. of America v. GunionDistrict of Columbia Court of Appeals · 1953
- McCarthy v. FrazierOregon Supreme Court · 1920
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