Barnes v. Hekla Fire Ins.
Supreme Court of Minnesota
'Appeal by defendant, the Hekla Fire Insurance Company of St. Paul, from an order of the District Court of Ramsey County, John W. Willis, J., made May 15,1893, sustaining a demurrer to its second and third answers in the action.
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'Appeal by defendant, the Hekla Fire Insurance Company of St. Paul, from an order of the District Court of Ramsey County, John W. Willis, J., made May 15,1893, sustaining a demurrer to its second and third answers in the action. The complaint of Mrs. S. M. Barnes stated that on April 10, 1891, defendant insured her house at Jonesboro, N. C., for three years against fire in the sum of $1,500, that the house was burned on March 11, 1892, that she had given notice and furnished proofs, but had not been paid, and she asked judgment for the $1,500. The defendant answered admitting the insurance…
1Opinion of the CourtVanderburgh, J.
The plaintiff demurred to the second and third defenses set up in the defendant’s answer, and this appeal is from the order sustaining the demurrer.
The action is brought upon a policy of insurance issued by the defendant to the plaintiff for a loss covered thereby. It is alleged, by way of defense, that subsequent to the date of plaintiff’s policy the St. Paul German Insurance Company, a corporation lawfully doing business in this state, had “reinsured the said policy, and promised and agreed with the said plaintiff and this defendant to pay to the plaintiff any loss which she might suffer…
2Cases cited4 opinions
- Farley v. ClevelandNew York Supreme Court · 1825
- Gifford v. . CorriganNew York Court of Appeals · 1889
- Johannes v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1886
- Wood v. MoriartySupreme Court of Rhode Island · 1887
3Cited by31 opinions
- Vial v. Norwich Union Fire Insurance SocietyIllinois Supreme Court · 1913
- United States Fire Ins. Co. v. SmithSupreme Court of Alabama · 1935
- Friend Bros. v. Seaboard Surety Co.Massachusetts Supreme Judicial Court · 1944
- Ruohs v. Traders Fire InsuranceTennessee Supreme Court · 1903
- Vetter v. Security Continental Insurance Co.Supreme Court of Minnesota · 1997
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