Legal Opinion

In re St. Paul German Insurance

Supreme Court of Minnesota

Decided July 11, 1894No. 8857PublishedCited by 3 opinions

Appeal by claimant, Proctor W. Screven, from an order of the District Court of Ramsey County, Hascal R. Brill, J., made January 29, 1894, overruling- Ms demurrer.

Read the full summary

Appeal by claimant, Proctor W. Screven, from an order of the District Court of Ramsey County, Hascal R. Brill, J., made January 29, 1894, overruling- Ms demurrer. On September 22,1891, the St. Paul German Insurance Company insured Proctor W. Screven in the sum of $1,268 against loss by fire in Ms Cotton Gin plant on his plantation at Beaufort, S. C. The policy contained a provision that no suit or action thereon for the recovery of any claim should be sustainable in any court of law or equity unless commenced within twelve months next after the fire. A loss occurred November 17, 1891, and…

1Opinion of the CourtCanty, J.

The St. Paul German Insurance Company issued a policy of insurance to appellant insuring his property against loss by fire for one year from September 22, 1891. Thereafter, on November 17, 1891, a loss occurred. Thereafter, on April 14, 1892, the *166company, being insolvent, made an assignment, under tbe insolvency law of this state, for the benefit of its creditors, to J. F. Franzen.

The policy of insurance contained a provision requiring the insured to commence any suit or proceeding to enforce any claim for loss within one year from the time of the loss. The appellant did not file its claim…

2Cases cited1 opinion

  1. In re the Insolvent Estate of LeimanCourt of Appeals of Maryland · 1870

3Cited by3 opinions

  1. Wisconsin Trust Co. v. CousinsWisconsin Supreme Court · 1920
  2. Rottier v. German InsuranceSupreme Court of Minnesota · 1901
  3. McCallum v. National Credit InsuranceSupreme Court of Minnesota · 1901

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API