Legal Opinion

Hand v. National Live-Stock Ins.

Supreme Court of Minnesota

Decided June 15, 1894No. 8771PublishedCited by 10 opinions

Appeal by defendant, the National Live Stock Insurance Company, from an order of the Municipal Court of the City of St. Paul, H. W. Cory, J., made November 11, 1893, denying its motion for a new trial.

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Appeal by defendant, the National Live Stock Insurance Company, from an order of the Municipal Court of the City of St. Paul, H. W. Cory, J., made November 11, 1893, denying its motion for a new trial. On March 27, 1893, defendant insured one Charles Dewitt to the amount of $100 for one year against loss by death of his sorrel gelding horse seven years old named Jeff valued at $125. The loss if any was payable, ninety days after proofs thereof, to the plaintiff, James E. Hand, mortgagee, as his interest might appear. The policy provides that no animal shall be insured for more than two-thirds…

1Opinion of the CourtMitchell, J.

The terms of the policy sued on were that defendant insured one Dewitt (loss payable to plaintiff as his mortgage interests might appear) against loss by death to the amount of $100, on the following live-stock, to wit: “Kind of stock, gelding; name, Jeff; color, sorrel; age, seven; sum insured, $100; valuation, $125.” The policy provided that the property was insured against loss by death “not exceeding in amount the sum insured, and to be paid ninety days after proofs of the same have been made by the insured and received by the company.”

It further provided that “no animal shall be insured…

2Cases cited5 opinions

  1. Mosness v. German-American Insurance Co. of New YorkSupreme Court of Minnesota · 1892
  2. Hatch v. CoddingtonSupreme Court of Minnesota · 1884
  3. Trainor v. WormanSupreme Court of Minnesota · 1885
  4. Boon v. State InsuranceSupreme Court of Minnesota · 1887
  5. Voak v. National Investment Co.Supreme Court of Minnesota · 1892

3Cited by10 opinions

  1. French v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1908
  2. Northern Assurance Co. v. HannaNebraska Supreme Court · 1900
  3. Garbush v. Order of United Commercial Travelers of AmericaSupreme Court of Minnesota · 1929
  4. Zeitler v. National Casualty Co.Supreme Court of Minnesota · 1914
  5. Kearns v. North American Life & Casualty Co.Supreme Court of Minnesota · 1921

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