Sandmeyer v. Dakota Fire & Marine Insurance
South Dakota Supreme Court
Appeal from circuit court, Davison county. Hon. D. Haney, Judge. Action on fire insurance policy. Judgment for defendant. Motion for new trial made and granted. Defendant appeals from that order. The facts are fully stated in the opinion. Where the evidence is manifestly and palpably in favor of the verdict, an order granting a new trial for insufficiency of evidence will be reversed.
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Appeal from circuit court, Davison county. Hon. D. Haney, Judge. Action on fire insurance policy. Judgment for defendant. Motion for new trial made and granted. Defendant appeals from that order. The facts are fully stated in the opinion. Where the evidence is manifestly and palpably in favor of the verdict, an order granting a new trial for insufficiency of evidence will be reversed. Hicks v. Stone, 13 Minn. 434. If it appears upon the record that the order was based upon a misapprehension of the law, it becomes an error of law which obviates the necessity of determining whether there was…
1Opinion of the CourtCorson, J.
This was an action on a fire insurance policy.. Verdict and judgment for defendant. On motion of plaintiff a new trial was granted, and from this order the defendant has appealed to this court. On the trial, plaintiff, to prove the issue of ownership of the policy in controversy in this action, which he had alleged in his complaint had been duly assigned to him by one Harrison, to whom the policy was issued, offered in evidence a certain instrument in writing from Harrison to himself, claimed by plaintiff to be an assignment for the benefit of creditors. The document was objected to by…
Also in this document: Concurrence.
2Cases cited17 opinions
- Halsey v. FairbanksU.S. Circuit Court for the District of Massachusetts · 1826
- Kelly v. . RobertsNew York Court of Appeals · 1869
- Brewster v. . CarnesNew York Court of Appeals · 1886
- Seaving v. BrinkerhoffNew York Court of Chancery · 1821
- Townsend & Bros. v. HarwellSupreme Court of Alabama · 1850
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3Cited by17 opinions
- Brekke v. CrewSouth Dakota Supreme Court · 1920
- Lucey v. VilhauerSouth Dakota Supreme Court · 1935
- Meuer v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1894
- Missouri-American Electric Co. v. Hamilton Brown Shoe Co.Court of Appeals for the Eighth Circuit · 1908
- Phenix Ins. Co. of Brooklyn v. PerkinsSouth Dakota Supreme Court · 1905
12 more not listed; retrieve them via the Exa API.