Gardner v. United Surety Co.
Supreme Court of Minnesota
Action in tbe district court for Hennepin county to recover $5,000 upon an insurance policy against accident. Tbe answer admitted that defendant repudiated all liability upon tbe policy and declined to pay any part of tbe sum prayed for..
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Action in tbe district court for Hennepin county to recover $5,000 upon an insurance policy against accident. Tbe answer admitted that defendant repudiated all liability upon tbe policy and declined to pay any part of tbe sum prayed for.. The case was tried before Brooks, J., who denied defendant’s motion for a directed verdict and submitted the case to the jury, which returned a verdict in favor of plaintiff in the sum of $5,161.56. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed. The burden of proving the contract sued upon…
1Opinion of the Court
O’Brien, J".
One W. L. Gardner had for some time carried an accident policy in the Casualty Company of America, of which the Fletcher Company was the agent at Minneapolis. Gardner’s policy expired June 30, 1908, and about the fifteenth, of that month the Fletcher Company, which had ceased to be the agent of the Casualty Company, and had become the agent of the defendant United Surety Company, ten*295dered to Gardner a policy of the defendant, which it requested him to accept in place of the one issued by the Casualty Company. With the statement that he would examine it, look over the contract, and…
2Cases cited7 opinions
- White v. Standard Life & Accident InsuranceSupreme Court of Minnesota · 1905
- Jones v. New York Life InsuranceMassachusetts Supreme Judicial Court · 1897
- Casey v. American Bridge Co.Supreme Court of Minnesota · 1905
- La Plant v. Pratt-Ford Greenhouse Co.Supreme Court of Minnesota · 1907
- Amos-Richia v. Northwestern Mut. Life Ins.U.S. Circuit Court for the District of Eastern Michigan · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Neely v. Provident Life & Accident InsuranceSupreme Court of Pennsylvania · 1936
- Jordan v. Iowa Mutual Tornado InsuranceSupreme Court of Iowa · 1911
- Strommen v. Prudential Insurance Co. of AmericaSupreme Court of Minnesota · 1932
- State Farm Mutual Automobile Insurance Co. v. UnderwoodSupreme Court of Missouri · 1964
- Corsones, Admr. v. Monarch Acc. Ins. Co.Supreme Court of Vermont · 1931
7 more not listed; retrieve them via the Exa API.