St. Paul Fire & Marine Insurance v. Upton
North Dakota Supreme Court
PPFAL from district court, Grand Porks county; Hon. Charles P. Templeton, J u dge. Action by the St. Paul Pire & Marine Insurance Company against Hiram D. Upton for insurance premiums. Judgment for plaintiff. Defendant appeals. There is no privity of contract between the plaintiff and defendant alleged in the complaint, and no such privity exists.
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PPFAL from district court, Grand Porks county; Hon. Charles P. Templeton, J u dge. Action by the St. Paul Pire & Marine Insurance Company against Hiram D. Upton for insurance premiums. Judgment for plaintiff. Defendant appeals. There is no privity of contract between the plaintiff and defendant alleged in the complaint, and no such privity exists. Mahoney v. McLean, 26 Minn. 415; Davis v. Insurance Co., 135 Mass. 251; Bank v. Insurance Co., 29 Conn. 374. This action being brought on a written contract to recover for a breach of the agreement cannot go beyond the agreement nor bind a party…
1Opinion of the Court
The opinion of the court was delivered by
Corliss, C. J.
This appeal presents the sufficiency of the complaint, the court sustaining it on demurrer. There are three causes of action, but, so far as the question to be considered is concerned, they do not differ. Each cause of action is an alleged indebtedness for an insurance premium. The policy was in favor of the owner of the property insured. The defendant is sought to be charged with a liability for the premium due thereon by virtue of a mortgage clause attached to and made a part of the policy. The construction of this clause determines the…
2Cited by18 opinions
- Boston Safe Deposit & Trust Co. v. ThomasSupreme Court of Kansas · 1898
- George H. Olmsted & Co. v. Metropolitan Life Ins.Ohio Supreme Court · 1928
- Coykendall v. BlackmerAppellate Division of the Supreme Court of the State of New York · 1914
- Hanover Fire Insurance v. JohnsonIndiana Court of Appeals · 1900
- Whitehead v. Wilson Knitting MillsSupreme Court of North Carolina · 1927
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