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Reports of Cases Decided in the Supreme Court of the State of Oregon (Volume 79)

Reports of Cases Decided in the Supreme Court of the State of Oregon (Volume 79)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916. Excerpt: ... and Hitchcock alone were served and the court rendered a personal judgment against them. This was error. They were not even necessary parties to the action, and the court should have granted a nonsuit. The case of Lawrence v. Schaefer, 19 Misc. Rep. 239 (42 N. Y. Supp. 992), cited by counsel for respondent, is not in point. That case involved the right of the insured to sue each of the underwriters of a Lloyd's policy to recover for a loss within the terms of the policy, which, among other clauses, provided: "No action shall be brought to enforce the provisions of this policy except against the attorney, and representing all the underwriters, and each of the underwriters hereby agrees to abide the result of any suit so brought, as fixing his individual responsibility hereunder." It will be seen that in that case the policy expressly provided for an action against the attorney, who was also an underwriter, and the court held that by the terms of the policy he was the trustee of an express trust. No such condition appears here, either in the policy or in the power of attorney. The motion for a nonsuit should have been granted. 3. Another objection raised was that plaintiff had not furnished a proof of loss, as required in the policy, and had not pleaded or proved a waiver of such proof. While the pleading as to this branch of the case leaves much to be desired in the way of certainty, we think that, in the absence of a demurrer, it was sufficient to admit of proof. As to whether the testimony offered was sufficient to show a waiver, we are not called upon to express an opinion. The judgment is reversed and the case remanded to the court below, with directions to enter a judgment of 79 Or.--18 nonsuit as to the appealing defendants, and for such further disp...


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Product Details
  • ISBN-13: 9781150591372
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 250
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 1150591374
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 454 gr


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