Purcell v. St. Paul Fire & Marine Insurance
North Dakota Supreme Court
Appeal from District Court, Richland County; Lauder, J. Action by W. E. Purcell against the St. Paul Fire & Marine Insurance Company. From an order denying a new trial after verdict for plaintiff, defendant appeals. The defendant having been garnished in Minnesota, and the action in that jurisdiction not yet determined, the courts of this jurisdiction should not interfere until a determination of the case pending in the Minnesota court.
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Appeal from District Court, Richland County; Lauder, J. Action by W. E. Purcell against the St. Paul Fire & Marine Insurance Company. From an order denying a new trial after verdict for plaintiff, defendant appeals. The defendant having been garnished in Minnesota, and the action in that jurisdiction not yet determined, the courts of this jurisdiction should not interfere until a determination of the case pending in the Minnesota court. Otherwise the garnishee may be made twice liable for payment of the same debt. Grosslight v. Cresup, 25 N. W. Rep. 505; German Bank v. American Fire Ins. Co.,…
1Opinion of the CourtCorliss, J.
Plaintiff has obtained a verdict against defendant on a claim arising out of the insurance of the property of one *104Horatio Taylor by defendant. The verdict in favor of plaintiff was directed by the court at the close of the case. From an order denying a motion for a new trial this appeal is taken.
Defendant contends that the court should have granted its motion made at the trial that the court direct a verdict in its favor on account of the failure of the plaintiff to prove his case. The complaint alleges the incorporation of the defendant, the ownership of the insured property by Taylor, the…
2Cases cited13 opinions
- Williams v. . IngersollNew York Court of Appeals · 1882
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- Stockton Combine Harvester & Agricultural Works v. Glen's Falls Co.California Supreme Court · 1893
- Plummer v. MoldSupreme Court of Minnesota · 1875
- Birdseye v. SmithNew York Supreme Court · 1860
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hartford Fire Insurance v. ReddingSupreme Court of Florida · 1904
- County of Stark v. MischelNorth Dakota Supreme Court · 1916
- Ditton v. PurcellNorth Dakota Supreme Court · 1911
- Flugel v. HenschelNorth Dakota Supreme Court · 1896
- Schmitz v. HegerNorth Dakota Supreme Court · 1895
2 more not listed; retrieve them via the Exa API.