Legal Opinion

Ruettell v. Greenwich Insurance

North Dakota Supreme Court

Decided November 13, 1907PublishedCited by 9 opinions

Appeal from District Court, Cass county; Pollock, J. Action by Harry D. Ruettell and William C. Tubbs, partners under the name of Harry D. Ruettell & Co., against the Greenwich Insurance Company. Judgment for plaintiffs, and defendant appeals. Issue of stock not essential to corporate organization. Singer Mfg. Co. v. Peck, 67 N. W. 947. A corporation is a distinct person, and its property is vested in it, not its stockholders.

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Appeal from District Court, Cass county; Pollock, J. Action by Harry D. Ruettell and William C. Tubbs, partners under the name of Harry D. Ruettell & Co., against the Greenwich Insurance Company. Judgment for plaintiffs, and defendant appeals. Issue of stock not essential to corporate organization. Singer Mfg. Co. v. Peck, 67 N. W. 947. A corporation is a distinct person, and its property is vested in it, not its stockholders. Peabody v. Flint, 6 Allen, 52, 55; De La Vergne Refrigerating Machine Co. v. German Savings Institution, et al„ 175 U. S. 38, 44 L. Ed. 65. Title to property having,…

1Opinion of the CourtMorgan, C. J.

Plaintiffs recovered a- judgment against the defendant on a policy of insurance against loss -by fire. A jury was waived, and the findings of fact are attacked as being against the preponderance of the evidence. A motion for a new trial was made on the sole ground that the findings of fact are not sustained by the evidence, and the motion was denied. The appeal, therefore, presents but one question — that of sufficiency of the evidence to support the findings and to warrant a recovery.

The facts are substantially the following: The policy of insurance on which recovery is sought was issued on…

2Cases cited2 opinions

  1. Jasper v. HazenNorth Dakota Supreme Court · 1894
  2. Dowagiac Manufacturing Co. v. HelleksonNorth Dakota Supreme Court · 1904

3Cited by9 opinions

  1. Andersen v. ReslerNorth Dakota Supreme Court · 1929
  2. James River National Bank v. WeberNorth Dakota Supreme Court · 1910
  3. Rasmussen v. ChambersNorth Dakota Supreme Court · 1925
  4. Hartung v. ManningNorth Dakota Supreme Court · 1923
  5. Baird v. National Surety Co.North Dakota Supreme Court · 1926

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