Newman v. Home Insurance Co.
Supreme Court of Minnesota
This action was brought in the' court of common pleas for Hennepin county. The complaint alleges, in substance, that on December 15, 1870, the defendant Stanchfield, being the owner of certain described lots and the buildings thereon, in St. Anthony, obtained from the Home Insurance Company a policy of insurance for $3,000 on the buildings, against loss by fire; that on February 1, 1870, Stanchfield, being indebted to plaintiff in the sum of $5,000, for money loaned, agreed…
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This action was brought in the' court of common pleas for Hennepin county. The complaint alleges, in substance, that on December 15, 1870, the defendant Stanchfield, being the owner of certain described lots and the buildings thereon, in St. Anthony, obtained from the Home Insurance Company a policy of insurance for $3,000 on the buildings, against loss by fire; that on February 1, 1870, Stanchfield, being indebted to plaintiff in the sum of $5,000, for money loaned, agreed to mortgage the said lots and buildings as security therefor, and did in fact execute and deliver to the plaintiff a…
1Opinion of the Court
*424 By the Court.
Young, J.
The defendant, Stanchfield, as author of the.defective mortgage, is in equity bound to correct the mistake, and as against him the respondent states a good cause of action by the averments in the complaint, showing the loan of money, the agreement for a mortgage, and . the mistake through which the premises agreed to be mortgaged were not correctly described in the instrument as executed.
But this portion of the complaint, while sufficient as against Stanchfield, fails to disclose any cause of action against the appellant; for it will not be claimed that the existence of…
2Cases cited9 opinions
- Barr v. Gratz's HeirsSupreme Court of the United States · 1819
- Candee v. . LordNew York Court of Appeals · 1849
- Mason v. MessengerSupreme Court of Iowa · 1864
- Vannice v. BergenSupreme Court of Iowa · 1864
- Sidensparker v. SidensparkerSupreme Judicial Court of Maine · 1864
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3Cited by19 opinions
- August Berger v. Minneapolis Gaslight Co.Supreme Court of Minnesota · 1895
- Gould v. Winona Gas Co.Supreme Court of Minnesota · 1907
- Bridgeman-Russell Co. v. City of DuluthSupreme Court of Minnesota · 1924
- Stone v. Texas Co.Supreme Court of North Carolina · 1920
- Stone v. . Texas Co.Supreme Court of North Carolina · 1920
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