Legal Opinion

Miles v. National Surety Co.

Supreme Court of Minnesota

Decided May 27, 1921No. 22,324PublishedCited by 5 opinions

Action in tbe district court lor St. Lords county by the daughter of James P. Miles, deceased, to recover $3,000 for the death of her father.

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Action in tbe district court lor St. Lords county by the daughter of James P. Miles, deceased, to recover $3,000 for the death of her father. The case was tried ‘before Hughes, J., who at the close of the testimony denied the motion of defendant National Surety Company for a directed verdict on the ground that plaintiff had not introduced facts sufficient to constitute a cause of action against the principal upon the bond and the surety, and a jury which returned a verdict for $600. The motion of defendants for judgment notwithstanding the verdict was denied. From the judgment entered…

1Opinion of the Court

Lees, C.

The defendant National Surety Company was' surety for Frank Steblaj, an Eveleth saloonkeeper, on the bond required by statute, G. S. 1913, §§ 3116, 3117. On October 13, 1917, a man named John Shalka was in the Steblaj saloon. He was intoxicated, but nevertheless Steblaj continued to furnish him with liquor. There was evidence that he threatened to attack a man in the saloon and only desisted at the command of Steblaj, and that thereafter he was supplied with more liquor. At this juncture plaintiff’s father, James P. Miles, entered the saloon and in a *189few minutes there was a verbal…

2Cases cited6 opinions

  1. Board of County Commissioners v. Security BankSupreme Court of Minnesota · 1899
  2. Fest v. OlsonSupreme Court of Minnesota · 1917
  3. Koski v. PakkalaSupreme Court of Minnesota · 1913
  4. Lynch v. BrennanSupreme Court of Minnesota · 1915
  5. Posch v. Lion Bonding & Surety Co.Supreme Court of Minnesota · 1917

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Village of Brooten, a Municipal Corporation v. Cudahy Packing Company, a Corporation, and the Travelers Indemnity Company, a CorporationCourt of Appeals for the Eighth Circuit · 1961
  2. Sworski v. ColmanSupreme Court of Minnesota · 1939
  3. Manchester Savings Bank v. LynchSupreme Court of Minnesota · 1922
  4. Central State Bank v. Royal Indemnity Co.Supreme Court of Minnesota · 1926
  5. Pete v. LampiSupreme Court of Minnesota · 1925

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