Thoreson v. Northwestern National Insurance
Supreme Court of Minnesota
Appeal by defendant from an order of the- district court for Nice county, Buckham, J., presiding, granting a new trial. cited 2 (treenleaf on Ev. § 408; 2 Bishop on Mar. &. Div. § 644; Lexington Ins. Co. v. Paver, 16 Ohio, 824; Pryce v. Security Ins. Co., 29 Wis. 270; Freeman v. Freeman, 31 Wis. 235; McConnell v. Delaware M. S. Ins.
Read the full summary
Appeal by defendant from an order of the- district court for Nice county, Buckham, J., presiding, granting a new trial. cited 2 (treenleaf on Ev. § 408; 2 Bishop on Mar. &. Div. § 644; Lexington Ins. Co. v. Paver, 16 Ohio, 824; Pryce v. Security Ins. Co., 29 Wis. 270; Freeman v. Freeman, 31 Wis. 235; McConnell v. Delaware M. S. Ins. Co., 18 Ill. 228; Thayer Boyle, 30 Me. 475; Butman v. llohhs, 35 Me. 227; Berckmans v. Berchmans, 17 N. -J. Eq. 453; Clayton v. Wardell, 5 Barb. 214; Starr v. Peck, 1 Hill, 270; Warner v. Commoruvealth, 2 Ya. Cases, 95.
1Opinion of the CourtDicKinson, J.
Action upon a policy of insurance to recover for loss by fire. The defence was that the plaintiff procured the policy to be issued by an agent of the defendant after the fire had occurred, and after it was known to both the plaintiff and the said agent, they conspiring to defraud the defendant. The cause was tried before a jury, and a verdict returned for the defendant. Upon motion of the plaintiff the court ordered a new trial, and defendant appeals therefrom.
In civil actions, where the case is such that the proof of a cause of action, or of a defence, will also prove a crime committed by…
2Cases cited4 opinions
- Roberge v. BurnhamMassachusetts Supreme Judicial Court · 1878
- Blaeser v. Milwaukee Mechanics' Mutual InsuranceWisconsin Supreme Court · 1875
- Ellis v. BuzzellSupreme Judicial Court of Maine · 1872
- Burr v. WillsonSupreme Court of Minnesota · 1875
3Cited by5 opinions
- Sundquist v. Hardware Mutual Fire Insurance Co. of MinnesotaIllinois Supreme Court · 1939
- Nebraska National Bank v. JohnsonNebraska Supreme Court · 1897
- Pacific National Fire Insurance Company v. J. J. MickelsonCourt of Appeals for the Eighth Circuit · 1956
- Mickelson v. Homeland Insurance Co. of AmericaDistrict Court, D. Minnesota · 1955
- Pacific National Fire Insurance v. MickelsonCourt of Appeals for the Eighth Circuit · 1956