Legal Opinion

Davis v. National Casualty Co.

Supreme Court of Minnesota

Decided June 30, 1911No. Nos. 17,146—(190)PublishedCited by 6 opinions

Action, in tbe district court for Waseca county to recover $120 upon an insurance policy. Tbe defenses set up in tbe answér are given in tbe second paragraph of tbe opinion. Tbe case was tried before Buckham, J., wbo directed a verdict in favor of plaintiff for tbe amount demanded. Defendant’s motion for judgment notwithstanding tbe verdict was denied. From tbe judgment entered pursuant to tbe verdict, defendant appealed.

1Opinion of the CourtBunn, J.

This action was brought by plaintiff to recover tbe sum of $120 and interest, claimed to be due from defendant under tbe terms of a policy of insurance issued to plaintiff December 11, 1899, by tbe Minnesota Mutual Casualty Company, tbe obligations of which -were assumed by tbe defendant. The policy provides that tbe insured shall be entitled to certain benefits in case of accident or sickness, and, “fourth, to a cash benefit of $120, less any indebtedness due tbe company, upon legal surrender of this policy, after it has been in continuous force, without delinquency, for the term of ten…

2Cited by6 opinions

  1. State v. Mortgage Security Co. of Minnesota, Inc.Supreme Court of Minnesota · 1923
  2. Webster v. U. S. I. Realty Co.Supreme Court of Minnesota · 1927
  3. Benson Lumber Co. v. ThorntonSupreme Court of Minnesota · 1932
  4. Jennings v. Travelers Equitable InsuranceSupreme Court of Minnesota · 1928
  5. Benoist v. Business Men's Assurance Co. of AmericaAppellate Court of Illinois · 1939

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