(Download) "Travelers Indemnity Company v. forest" by Supreme Court of Nebraska * eBook PDF Kindle ePub Free
eBook details
- Title: Travelers Indemnity Company v. forest
- Author : Supreme Court of Nebraska
- Release Date : January 21, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
In this action to recover on a subrogation claim for $500, plaintiff, The Travelers Indemnity Company (hereinafter sometimes referred to as Travelers), appeals from the order of the circuit court sustaining the separate motions of defendants, Forest Oakley Chumbley and Elizabeth L. Losinsky, to dismiss plaintiffs first amended petition for "failure to state a claim upon which relief can be granted." Rule 55.33; Sec. 509.300. Since the order did not specify otherwise, the dismissal was with prejudice and operated as an adjudication upon the merits. Rule 67.03; Sec. 510.150; Clark v. City of Humansville, Mo. App., 348 S.W.2d 369, 370(1). Of course, the motions to dismiss admitted, for the purposes of the motions, the truth of all facts well pleaded therein and any inferences fairly deducible therefrom; and, on this appeal, we broadly construe the petition most favorably to plaintiff, giving it the benefit of every reasonable and fair intendment in view of the facts alleged.
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