Legal Opinion · Concurrence

Gabrelcik v. National Indemnity Co.

Supreme Court of Minnesota

Decided November 13, 1964No. 39,262Published

1ConcurrenceSheran, Justice

The only issue presented by the appeal is whether the 1953 Ford was owned by the spouse of the named insured at the time of the accident. It was, unless the facts that it (a) was registered in the name of Frank’s Used Cars, and (b) was part of a stock acquired for sale in the husband’s business make a difference. In my opinion, the ownership of the vehicle by the husband could not be affected by the use of a business style or by the purpose for which the car was acquired.

A contract which does not express the intent of tibe parties can be reformed. See, Gartner v. Gartner, 246 Minn. 319, 74 N.…

2Cases cited3 opinions

  1. Gartner v. GartnerSupreme Court of Minnesota · 1956
  2. Preferred Acc. Insurance v. OnaliDistrict Court, D. Minnesota · 1942
  3. Mosiman v. RapaczSupreme Court of Minnesota · 1957

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