Trost v. Delaware Farmers Mutual Fire Insurance
Supreme Court of Minnesota
Action in the district court for Stevens county upon a fire insurance policy to recover $1,000 for loss of a threshing machine separator. From an order, Flaherty, J., sustaining plaintiff’s demurrer to paragraphs 2 and 3 of defendant’s answer, defendant appealed.
1Opinion of the Court
Dibell, C.
Action on a policy of fire insurance issued by the defendant to the *210plaintiff on a threshing machine separator. The plaintiff demurred to a portion of the defendant’s answer alleging an affirmative defense. The demurrer was sustained and the defendant appeals.
1. The defendant is a township mutual fire insurance company. The complaint alleges the issuance of the insurance policy on June 28, 1915, and the loss of the insured property by fire in October following. The answer admits the issuance of the policy, and a loss by fire, but puts in issue its amount. It alleges as an…
2Cases cited11 opinions
- Holbrook v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1878
- De Graff v. Queen InsuranceSupreme Court of Minnesota · 1888
- Seymour v. Chicago Guaranty Fund Life SocietySupreme Court of Minnesota · 1893
- Davis v. National Casualty Co.Supreme Court of Minnesota · 1911
- Ryder v. NeitgeSupreme Court of Minnesota · 1874
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Cement, Sand & Gravel Co. v. Agricultural InsuranceSupreme Court of Minnesota · 1947
- State Savings Bank v. Shible Mutual Fire InsuranceSupreme Court of Minnesota · 1927