Nye & Ormsby v. Northern Assurance Co. of London

Nebraska Supreme Court

Nye & Ormsby v. Northern Assurance Co. of London

76 N.W. 464, 55 Neb. 776, 1898 Neb. LEXIS 665

CourtNebraska Supreme Court

DecidedSeptember 23, 1898

DocketNo. 8282

StatusPublished

This text of 76 N.W. 464 (Nye & Ormsby v. Northern Assurance Co. of London) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nye & Ormsby v. Northern Assurance Co. of London, 76 N.W. 464, 55 Neb. 776, 1898 Neb. LEXIS 665 (Neb. 1898).

Pincite

Opinion

Ryan, C.

This action was for the amount of loss by -the partial destruction of a stock of confectionery and baking goods, [777]*777owned by the plaintiffs in error. The district court of Buffalo county, from which this error proceeding is prosecuted, instructed the jury that as the parties had agreed that the damage to the goods not destroyed was $100, and the value of those destroyed was by the insurance company admitted to be $27.90, a verdict should be returned for $127.90, and accordingly there was a verdict and judgment. In the testimony of F. H. Ormsby, a member of the firm of Nye & Ormsby, he admitted that it was agreed between himself, acting for the said firm, and the agent of the insurance company, that the damage'to the goods not destroyed was $100. This was not contradicted. The proof of loss of goods destroyed fixed their value at $27.90, so that as to both items the court properly instructed the jury to find as it did. The judgment of the district court is

AFFIRMED.

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Ryan, C.

This action was for the amount of loss by -the partial destruction of a stock of confectionery and baking goods, [777]*777owned by the plaintiffs in error. The district court of Buffalo county, from which this error proceeding is prosecuted, instructed the jury that as the parties had agreed that the damage to the goods not destroyed was $100, and the value of those destroyed was by the insurance company admitted to be $27.90, a verdict should be returned for $127.90, and accordingly there was a verdict and judgment. In the testimony of F. H. Ormsby, a member of the firm of Nye & Ormsby, he admitted that it was agreed between himself, acting for the said firm, and the agent of the insurance company, that the damage'to the goods not destroyed was $100. This was not contradicted. The proof of loss of goods destroyed fixed their value at $27.90, so that as to both items the court properly instructed the jury to find as it did. The judgment of the district court is

AFFIRMED.

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Bluebook (online)

76 N.W. 464, 55 Neb. 776, 1898 Neb. LEXIS 665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nye-ormsby-v-northern-assurance-co-of-london-neb-1898.