Spurr v. Home Insurance
Supreme Court of Minnesota
Appeal by plaintiffs, (N. E. Spurr and the First National Bank of Morris,) from a judgment of the district court for Eamsey county, where the action was tried by Simons,- J.
1Opinion of the CourtDickinson, J.
This is an action to reform a policy of insurance, and to recover upon the same as reformed. It is urged on the part of the respondent that the plaintiffs cannot maintain this action, because prior to its commencement they had commenced an action to recover upon the policy now sought to be reformed. The doctrine of election as between inconsistent remedies is relied upon. We think that the conclusion of the learned judge of the district court, adverse to the respondent, was correct. The former action was dismissed without any final determination. The findings of the court in this case do not…
2Cases cited8 opinions
- Snell v. Insurance Co.Supreme Court of the United States · 1878
- Brewster v. . StrikerNew York Court of Appeals · 1848
- Benson v. MarkoeSupreme Court of Minnesota · 1887
- Thomas v. JoslinSupreme Court of Minnesota · 1886
- Green Bay & Mississippi Canal Co. v. HewittWisconsin Supreme Court · 1885
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3Cited by20 opinions
- Board of Education v. DaySupreme Court of Georgia · 1907
- Rowell v. SmithWisconsin Supreme Court · 1905
- McMahan v. McMahonSupreme Court of South Carolina · 1922
- Capital City Bank v. HilsonSupreme Court of Florida · 1912
- Carew, Shaw & Bernasconi, Inc. v. General Casualty Co. of AmericaWashington Supreme Court · 1937
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