Ermentrout v. American Fire Insurance
Supreme Court of Minnesota
Appeal by plaintiffs from an order of the district court for Hennepin county, Smith, J., setting aside the judgment and directing that the original answer stand as the answer to the amended complaint.
1Opinion of the Court
MITCHELL, J.2
Action on a policy of fire insurance issued by defendant to plaintiff Ermentrout on Ms warehouse building, the loss payable to him or to the Security Bank of Minnesota to the extent of its interest in the property. The complaint alleged generally an assignment by the Security Bank to plaintiff Maxcy of all its interest in the policy. To this complaint an answer was served, admitting the issuing of the policy as alleged, but denying that the property *195insured was ever damaged by fire, and alleging that the building fell down, and that such fall was not caused by fire. The answer…
2Cases cited3 opinions
- Kelly v. BlissWisconsin Supreme Court · 1882
- Yates v. FrenchWisconsin Supreme Court · 1870
- Kuhuke v. WrightSupreme Court of Kansas · 1879
3Cited by7 opinions
- Gray v. HallCalifornia Supreme Court · 1928
- Steinbauer v. BondesenCalifornia Court of Appeal · 1932
- Bristol Convalescent Hospital v. StoneCalifornia Court of Appeal · 1968
- United States Fidelity & Guaranty Co. v. FalkSupreme Court of Minnesota · 1943
- Avery Planter Co. v. PeckSupreme Court of Minnesota · 1900
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