Legal Opinion

Lenning v. Retail Merchants Mutual Fire Insurance

Supreme Court of Minnesota

Decided November 2, 1917No. 20,519PublishedCited by 2 opinions

Action transferred to the district court for Hennepin county to recover $2,503.83 upon defendant’s policy of insurance. The answer expressly denied that at any time defendant issued or delivered its policy to Seaman-Martin Company, alleged that in November, 1909, it issued its policy agreeing to insure Seaman & Martin, a copartnership, and a renewal of the same in November, 1910, and that it intended to insure the partnership and did not intend to insure the corporation.

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Action transferred to the district court for Hennepin county to recover $2,503.83 upon defendant’s policy of insurance. The answer expressly denied that at any time defendant issued or delivered its policy to Seaman-Martin Company, alleged that in November, 1909, it issued its policy agreeing to insure Seaman & Martin, a copartnership, and a renewal of the same in November, 1910, and that it intended to insure the partnership and did not intend to insure the corporation. The answer also set out defendant’s by-law that a policy should be void upon failure of a member for 60 days to pay the…

1Opinion of the CourtBrown, C. J.

Action to recover upon a policy of fire insurance in which plaintiff had a verdict and defendant appealed from an order denying its alternative motion for judgment or a new trial. A former appeal is reported in 129 Minn. 66, 151 N. W. 425.

It appears that F. S. Seaman and T. H. Martin sometime in 1904, as copartners under the firm name of Seaman & Martin, organized and established a mercantile business at Deer River, this state, and thereafter conducted the same until about June 1, 1909, when the business was transferred to a corporation the.copartners were instrumental in forming at that…

2Cases cited7 opinions

  1. Mueller v. Grand Grove United Ancient Order of DruidsSupreme Court of Minnesota · 1897
  2. Leland v. Modern SamaritansSupreme Court of Minnesota · 1910
  3. Dougherty v. Supreme Court of Independent Order of ForestersSupreme Court of Minnesota · 1914
  4. Villmont v. Grand Grove, United Ancient Order of DruidsSupreme Court of Minnesota · 1910
  5. Lenning v. Retail Merchants Mutual Fire InsuranceSupreme Court of Minnesota · 1915

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3Cited by2 opinions

  1. Bach v. North Dakota Mutual Fire InsuranceNorth Dakota Supreme Court · 1928
  2. Green v. Minnesota Farmers Mutual InsuranceSupreme Court of Minnesota · 1933

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