Gorton v. Dodge County Mutual Insurance
Cases that cite this one
8 later published cases cite this decision.
- Cohen v. Continental Fire Insurance (Tex. 1887)
- Hiatt v. Union Mutual Casualty Co. (Iowa 1929)
- Stutzman v. Cicero Mutual Fire Insurance (Wis. 1912)
- McCullough v. Home Insurance Co. (Tenn. 1906)
- Palmer v. Continental Insurance Co. (Cal. 1900)
- New Zealand Insurance v. Maaz (Colo. App. 1899)
- New Zealand Insurance v. Maaz (Colo. App. 1899)
- Phenix Ins. v. Bachelder (Neb. 1891)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Tbe agreement contained in tbe note given for tbe premium is part of tbe contract of insurance; and tbe cases cited by tbe learned counsel for tbe defendant abundantly show that under such contract tbe liability of tbe defendant on tbe policy was absolutely suspended by tbe failure of tbe plaintiff to pay tbe note when due. Tbe note never having been paid, such liability was never restored; and tbe loss occurring after tbe plaintiff was thus in default, tbe defendant is not liable therefor. It is so held, and tbe reasons are sufficiently stated, in Joliffe v. Madison Mut. Ins. Co., ante, p. 111. Those reasons need not be repeated here.
Tbe portion of tbe answer demurred to states a perfect defense to tbe action; and tbe demurrer should have been overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.