Lindsay v. Pettigrew

Citations

• 5 S.D. 500
• 59 N.W. 726
• 1894 S.D. LEXIS 86

Syllabus

<p>1. When a complaint states that plaintiff was at the time he procured defendant to effect certain insurance, and now is, the owner of the property destroyed by fire, and the evidence admitted without objection conclusively shows that plaintiff owned the property at the time the loss occurred, an objection, made for the first time in this court, that such complaint does not state facts sufficient to constitute a cause of action, in that it fails to allege that plaintiff owned the property at the time of its destruction, is not available.</p> <p>2. A person who takes money be) onging to another, under an express agreement to procure insurance, and unjustifiably fails to secure the same, or make an effort in that direction, thereby assumes the risk, and becomes liable, in case of loss, to pay as much of the same as would have been covered by the insurance policy for which such perspn has paid, provided the same had been procured as directed.</p> <p>(Syllabus by the Court.</p>