Mlnazek v. Libera
Supreme Court of Minnesota
Action in the district court for Winona county against Albert Libera and the Standard Life & Accident Insurance Company of Detroit, Michigan, for reformation of a release, or in case such relief should be denied for its cancellation. The court, Snow, J., submitted certain questions to a jury, whose findings were incorporated by the court in its findings.
Read the full summary
Action in the district court for Winona county against Albert Libera and the Standard Life & Accident Insurance Company of Detroit, Michigan, for reformation of a release, or in case such relief should be denied for its cancellation. The court, Snow, J., submitted certain questions to a jury, whose findings were incorporated by the court in its findings. As conclusions of law the court found-that plaintiff was not entitled to any part of the relief demanded, and that defendants were entitled to a dismissal of the action. From a judgment entered pursuant to the findings, plaintiff appealed.
1Opinion of the CourtStart, C. J.
The plaintiff seeks by this action to have a certain release, which he alleges he was induced to execute by the fraud of the defendants, *152reformed so as to express the actual contract between the parties, or, in case that is denied, that it be cancelled, and adjudged of no force and effect. The cause was tried by the court, and upon its findings of fact judgment on the merits was entered for the defendants, from which the plaintiff appealed.
There is no case or bill of exceptions, and the general question for our decision is whether the facts found by the court sustain its judgment. The short…
2Cases cited1 opinion
- Sweet v. . MorrisonNew York Court of Appeals · 1886
3Cited by1 opinion
- Mlnazek v. LiberaSupreme Court of Minnesota · 1901