Broadwater v. Lion Fire Insurance
Supreme Court of Minnesota
Plaintiffs brought this action in the district court for Bamsey county upon a policy of fire insurance. The action was tried by Simons, J., without a jury, and judgment directed for plaintiffs. Defendant appeals from an order refusing a new trial.
Read the full summary
Plaintiffs brought this action in the district court for Bamsey county upon a policy of fire insurance. The action was tried by Simons, J., without a jury, and judgment directed for plaintiffs. Defendant appeals from an order refusing a new trial. The insurance was for $3,000, of which $960 was "on their (plaintiffs’) one-story, frame, shingle-roofed buildings, adjoining and communicating, occupied as a store, warehouse, officers’ and soldiers’ club, sleeping-rooms, and room for opening goods, situated detached, at Fort Maginnis, Meagher county, M. T.” The insurance involved in this action,…
1Opinion of the CourtBerry, J.
This is^an action upon a fire policy, in which the defendant interposes the three following defences: (1) That the policy was obtained by fraud; (2) that the title to the insured property was not in the insured, and so the policy was void by its own terms; (3) that the premium was never paid, and that the policy was cancelled before loss.
We have carefully perused all the testimony in the case, oral and documentary, and, after duly considering the briefs and argument of defendant’s counsel, are of opinion that the findings of thé trial court against the first and third defences are…
2Cases cited2 opinions
- Grace v. American Central InsuranceSupreme Court of the United States · 1883
- Harper v. . the Albany Mutual Insurance CompanyNew York Court of Appeals · 1858
3Cited by8 opinions
- John R. Davis Lumber Co. v. Hartford Fire InsuranceWisconsin Supreme Court · 1897
- Waterloo Lumber Co. v. Des Moines InsuranceSupreme Court of Iowa · 1912
- Quoug Tue Sing v. Anglo-Nevada Assurance Corp.California Supreme Court · 1890
- Starr v. McClainSupreme Court of Oklahoma · 1915
- Biwabik Concrete Aggregate Co. v. United States Fidelity & Guaranty Co.Supreme Court of Minnesota · 1939
3 more not listed; retrieve them via the Exa API.