Legal Opinion

Mallory v. Ohio Farmers' Insurance

Michigan Supreme Court

Decided February 5, 1892PublishedCited by 6 opinions

Error to Kent. (Grove, J.) Assumpsit. Defendant brings error. The facts are stated in the opinion.

1Opinion of the CourtMcGrath, J.

Action upon a policy of insurance. Defense, that the policy had been surrendered and canceled.

One Root was defendant's agent at Grand Rapids. Plaintiff owned a farm in an adjoining township, and a house and lot in the city. One Bodwell solicited the insurance. Plaintiff did not come in contact with Root until after the fire. Two policies were issued, — one upon the farm buildings, and the other upon the city property. The policies were dated July 3, 1890, and the farm buildings were destroyed by fire Sunday morning, August 31, 1890. The disputed questions in the case were:

1. Was the policy…

2Cited by6 opinions

  1. Hartford Fire Insurance v. McKenzieAppellate Court of Illinois · 1897
  2. St. Paul Fire Marine Ins. Co. v. PeckSupreme Court of Oklahoma · 1914
  3. Lum v. United States Fire InsuranceMichigan Supreme Court · 1895
  4. Barr for Use of Senft v. Country Mutual Cas. Co.Appellate Court of Illinois · 1952
  5. Allen v. Patrons' Mutual Fire Insurance Co. of Michigan, Ltd.Michigan Supreme Court · 1911

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