Posch v. Lion Bonding & Surety Co.
Supreme Court of Minnesota
Action in the district court for Morrison county to recover $2,000 for the death of plaintiff’s husband. The answer denied that Frank A. Posch came to his death through any act, neglect or violation of Nick Schwientek.
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Action in the district court for Morrison county to recover $2,000 for the death of plaintiff’s husband. The answer denied that Frank A. Posch came to his death through any act, neglect or violation of Nick Schwientek. The case was tried before Parsons, J., who when plaintiff rested denied defendant’s motion to dismiss the action, at the close of the testimony denied motions for directed verdicts, and a jury which returned a verdict for the amount demanded and answered in the affirmative the following questions: (1) Was Frank Posch an habitual drunkard on October 10, 1915? (2) if Nick…
1Opinion of the CourtBunn, J.
Defendant is the surety on the liquor license bond of Nick Schwien*171tek, who between November 12, 1914, and November 12, 1915, operated a saloon at Opole, a village in Stearns county. This action was brought by the widow of Frank Posch to recover on the bond for her husband’s death alleged to have been caused by liquor sold him in violation of law by Schwientek. The action is against the surety alone, the principal not having been joined as a defendant. There was a verdict in favor of plaintiff in the sum of $2,000, the full penalty of the bond. Defendant appeals from an order denying its…
2Cases cited2 opinions
- Koski v. PakkalaSupreme Court of Minnesota · 1913
- Lynch v. BrennanSupreme Court of Minnesota · 1915
3Cited by9 opinions
- Village of Brooten, a Municipal Corporation v. Cudahy Packing Company, a Corporation, and the Travelers Indemnity Company, a CorporationCourt of Appeals for the Eighth Circuit · 1961
- State Ex Rel. Danielson v. Village of MoundSupreme Court of Minnesota · 1951
- Fest v. OlsonSupreme Court of Minnesota · 1917
- Hollerich v. City of Good ThunderSupreme Court of Minnesota · 1983
- Sworski v. ColemanSupreme Court of Minnesota · 1940
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