Legal Opinion

Benjamin v. Northwestern Fire & Marine Insurance

Supreme Court of Minnesota

Decided July 19, 1912No. Nos. 17,630, 17,631—(192, 193)PublishedCited by 2 opinions

Actions in the district court for Hennepin county, one by Mrs. Benjamin to recover from the insurance company $200 advance instalment of rent due under her lease on March 8, 1911; and the •other by the Benzes against Mrs. Benjamin to recover the .advance instalment of rent due on June 8, 1911, which the insurance ■company had deposited with the clerk of that court.

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Actions in the district court for Hennepin county, one by Mrs. Benjamin to recover from the insurance company $200 advance instalment of rent due under her lease on March 8, 1911; and the •other by the Benzes against Mrs. Benjamin to recover the .advance instalment of rent due on June 8, 1911, which the insurance ■company had deposited with the clerk of that court. The answer of the insurance company in the first action admitted the making of the ■one hundred year lease and its assignment to the answering defendant; the making of the one thousand year lease to plaintiff subject to the former…

1Opinion of the CourtBrown, J.

Levi M. Stewart in his lifetime owned certain real property in the city of Minneapolis, and in the year 1892 sold the building situated thereon to James H. Bishop and others, and at the same time, and as a part of the same transaction, executed to them a ground lease-of the land for the term of one hundred years. The contract provided for a yearly rental of $1,000 for the first five years, payable quarterly in advance, and imposed also upon the lessees the obligation of paying-all taxes and assessments against the property. It further provided that at the end of the first five-year period,…

2Cases cited5 opinions

  1. Potter v. MercerCalifornia Supreme Court · 1879
  2. Pelton v. PlaceSupreme Court of Vermont · 1899
  3. Logan v. . GreenSupreme Court of North Carolina · 1846
  4. Gale v. EdwardsSupreme Judicial Court of Maine · 1864
  5. Cohen v. SucknoAppellate Terms of the Supreme Court of New York · 1900

3Cited by2 opinions

  1. First Minneapolis Trust Co. v. Lancaster Corp.Supreme Court of Minnesota · 1931
  2. Patterson v. ConnollyArizona Supreme Court · 1938

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