Gardner v. Hermann
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $1,500 for breach of an agreement to keep plaintiff’s property covered by insurance in that sum in some good and solvent insurance company authorized to do business in Minnesota. The answer admitted that certain store fixtures belonging to plaintiff were destroyed by fire, without negligence on his part, but denied that they were of any greater value than $2,000, and denied the other allegations of the complaint.
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Action in the district court for Hennepin county to recover $1,500 for breach of an agreement to keep plaintiff’s property covered by insurance in that sum in some good and solvent insurance company authorized to do business in Minnesota. The answer admitted that certain store fixtures belonging to plaintiff were destroyed by fire, without negligence on his part, but denied that they were of any greater value than $2,000, and denied the other allegations of the complaint. The case was tried before Steele, J., who, at the close of plaintiff’s testimony and again at the close of the case,…
1Opinion of the CourtBrown, J.
The facts in this case are substantially as follows: Plaintiff was engaged in the retail millinery business, and defendant was a real-estate, land, and insurance broker, at Minneapolis. For a number of years prior to the transaction involved in this action, defendant had acted as broker in placing considerable amounts of insurance for plaintiff upon his stock and fixtures; in fact, all of plaintiff’s insurance had been so placed by defendant, amounting in the aggregate to seventy or more, policies in different insurance companies. Defendant’s office was supplied with the modern telephone…
2Cases cited9 opinions
- Wolfe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- General Hospital Society v. New Haven Rendering Co.Supreme Court of Connecticut · 1907
- Barrett v. MagnerSupreme Court of Minnesota · 1908
- Planters Cotton Oil Co. v. Western Union Telegraph Co.Supreme Court of Georgia · 1906
- Gilliland & Gaffney v. Southern Ry.Supreme Court of South Carolina · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Duncanson v. Service First, Inc.District Court of Appeal of Florida · 1963
- New York Life Ins. Co. v. SilversteinCourt of Appeals for the Eighth Circuit · 1931
- Kiviniemi v. American Mutual Liability InsuranceWisconsin Supreme Court · 1930
- Duluth Herald & News Tribune v. Plymouth Optical Co.Supreme Court of Minnesota · 1970
- Foley v. AllardSupreme Court of Minnesota · 1988
7 more not listed; retrieve them via the Exa API.