[Download] "Western Montana Nat. Bk. v. Home Ins. Co." by Supreme Court of Montana ~ Book PDF Kindle ePub Free
eBook details
- Title: Western Montana Nat. Bk. v. Home Ins. Co.
- Author : Supreme Court of Montana
- Release Date : January 30, 1925
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Submitted November 21, 1925. Fire Insurance — Occupant of Property Held Employee of Insured — Liability of Insurer — Instructions — Law of Case — Pleadings — Amendment During Trial — Discretion. Instructions — Law of Case. 1. Instructions given are the law of the case and are binding upon the jury whether right of wrong. Fire Insurance — Occupant of Property Held Employee of Insured — Liability of Insurer. 2. In an action on a fire insurance policy which provided that a breach of the warranty that the property (a farm-house) should be occupied only by members of the owner's family or by his salaried employee, should suspend the insurance during the time of such breach, evidence held sufficient to support the finding of the jury that the occupant who lived in the premises free of rent, received farm produce, etc., in consideration for work done on the farm, was a salaried employee. Pleadings — Amendment During Trial — When Refusal not Abuse of Discretion. 3. The granting or refusing to grant leave to amend a pleading is addressed to the sound judicial discretion of the trial court; and where defendant had knowledge of the facts which it desired to set up as a second defense for two years prior to asking leave for permission to amend its answer, the motion being made during trial after both parties had introduced their evidence in chief, refusal to allow the proposed amendment was not an abuse of discretion. Trial, 38 Cyc., p. 1891, n. 65, 68.