Stemmer v. Scottish Union & National Ins. Co.
| Decision Date | 26 July 1897 |
| Citation | 49 P. 588,33 Or. 65 |
| Parties | STEMMER v. SCOTTISH UNION & NATIONAL INS. CO. et al. |
| Court | Oregon Supreme Court |
Appeal from circuit court, Multnomah county; L.B. Stearns, Judge.
Action by Solomon Stemmer against the Scottish Union & National Insurance Company and others. Judgment for defendants, and plaintiff appeals. Motion for leave to withdraw money on deposit in the court below. Denied.
Thos. O'Day and J.W. Whalley, for appellant.
Joseph Simon, for appellees.
This is a motion by plaintiff for an order permitting him to withdraw certain sums of money deposited by the defendants with the clerk of the circuit court of Multnomah county, in pursuance of a decree rendered against them. It is alleged in the complaint that plaintiff, having been engaged in manufacturing gloves in the city of Portland, insured his stock of goods, material, machinery, tools, etc., with the defendants, and, while the policies received were in force, a fire occurred, without his fault, design, or procurement, in consequence of which his property so insured which was then of the value of $19,623.31, was partially destroyed, thereby entailing a loss of $11,741.67; that thereafter the agents of the defendants, refusing to make any proper offer to settle said loss, and taking advantage of a clause contained in each of said policies, induced the plaintiff to agree to the appointment of appraisers to adjust the same, in pursuance of which an appraiser was nominated by the plaintiff, and another by the defendants, and these persons so named selected another, who was not impartial or disinterested, but had theretofore been and was in the habit of appraising losses by fire in which the defendant companies were interested; that the persons so selected estimated the value of the property insured at the sum of $13,088, and the loss on the stock of goods and material at $3,213, and on the tools and machinery at $528. The suit was instituted to set aside the award of the appraisers, and the answer of defendants, after denying the material allegations of the complaint, avers that plaintiff caused the insured property to be burned; that the loss thereby occasioned did not exceed the sum of $3,213 on the stock of goods and material, and the additional sum of $528 to the machinery, etc.; and pray that the said submission to arbitration and the awards made by the appraisers be decreed valid and binding, and the amount so...
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Molodyh v. Truck Ins. Exchange
...of Oregon, supra, at § 218. For this reason, common law courts long have favored appraisal clauses in contracts. See Stemmer v. Insurance Company, 33 Or. 65, 49 P. 588, 53 P. 498 (1898). But, as a review of our early caselaw shows, in all instances in which appraisals were upheld, the provi......
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