59 Neb. 349 | Neb. | 1899
Charles Johansen sued the Home Fire Insurance Company in the district court of Washington county to recover upon a fire policy. The cause was tried to a jury, and resulted in a verdict and judgment -in favor of the plaintiff. The question for decision, presented in a variety of forms, is the sufficiency of the evidence to sustain the verdict. The policy forbade, under penalty of forfeiture, the mortgaging of the property insured. One of the defenses presented by the answer was “that subsequent to' the issuance of said policy of insurance the plaintiff, in violation of the terms, stipulations and warranties contained in said policy, incumbered by three chattel mortgages all the property described in said policy and damaged by said fire; such chattel mortgages being for the sums of $7,160, $7,165 and $1,805, — all of which said mortgages were valid, subsisting liens on said property at the time of said fire.” The plaintiff replied,. denying the averments of the answer not expressly admitted; denying that any of the chattels covered by the policy were incumbered when the policy was issued; and
We are asked in this case to overrule the former decisions of this court, holding that the release of a chattel mortgage, given upon insured property, in violation of an express condition of the policy, revives the contract, and renders it effective from the date of the release. The question having been presented for decision and decided when this case was here before (Johansen v. Home Fire Ins. Co., supra), we will not now inquire into the correctness of the rule announced. If our former conclusion was erroneous, the defendant should have obtained a correction of the error by presenting a motion for rehearing. The settled doctrine of this court is that the determination of questions presented to this court, in reviewing the proceedings in a cause in the district court, becomes the law of the case for all subsequent proceedings, and, ordinarily, will not be made the subject of reexamination. See Ripp v. Hale, 45 Nebr., 567; Coburn v.
Reversed and remanded.