Kelly v. Citizens' Mutual Fire Ass'n
Supreme Court of Minnesota
Action in the district court for Scott county by John F. Kelly and Norman Fetter as trustees of C. H. Grafenstatte, to reform a fire insurance policy issued by defendant and recover thereon $1,500. The case was tried before Cadwell, J., who found in favor of plaintiffs as prayed.. From an order, Morrison, J., denying a motion for a new trial, defendant appealed.
1Opinion of the CourtLewis, J.
Appellant company had its headquarters at the city of Mankato, and July 31, 1902, Mr. Southworth, their agent at Shakopee, solicited insurance from Mr. Grafenstatte, a local merchant, upon his stock of goods. A policy for $1,500 was written and delivered, good for one year from August 1, 1902. In July, 1903, the policy, being about to expire, was renewed for one year upon application by the agent. After the policy was delivered and went into effect a fire occurred which totally destroyed the property, and respondents were appointed trustees of Mr. Grafenstatte, and brought this action for the…
2Cases cited3 opinions
- Brandup v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1880
- First National Bank v. American Central InsuranceSupreme Court of Minnesota · 1894
- Quigley v. St. Paul Title Insurance & Trust Co.Supreme Court of Minnesota · 1895
3Cited by8 opinions
- Carew, Shaw & Bernasconi, Inc. v. General Casualty Co. of AmericaWashington Supreme Court · 1937
- Mahoney v. Minnesota Farmers Mutual InsuranceSupreme Court of Minnesota · 1917
- Enge v. John Hancock Mutual Life InsuranceSupreme Court of Minnesota · 1931
- Whitcomb v. Automobile InsuranceSupreme Court of Minnesota · 1926
- Lundman v. United States Fidelity & Guaranty Co.Supreme Court of Minnesota · 1925
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