Maxcy v. New Hampshire Fire Ins.
Supreme Court of Minnesota
Appeal by defendant, the New Hampshire Fire Insurance Company, from an order of the District Court of Hennepin County, William Lochren, J,., made November 19, 1892, overruling its demurrer to the complaint. Thomas J. Thompson owned a five-story brick building- on First Street North in Minneapolis, used for a feed-mill and for storing-grain.
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Appeal by defendant, the New Hampshire Fire Insurance Company, from an order of the District Court of Hennepin County, William Lochren, J,., made November 19, 1892, overruling its demurrer to the complaint. Thomas J. Thompson owned a five-story brick building- on First Street North in Minneapolis, used for a feed-mill and for storing-grain. On February 4, 1889, Thompson mortgaged the property to Charles H. Maxcy and George Cook to secure payment to them of $9,000. On May 13, 1889, they assigned the debt and mortgage to Edward C. Mitchell, trustee for Emma Gregg. On January 13, 1891, the…
1Opinion of the CourtCollins, J.
1. The complaint herein, although not as perfect as it should have been, was good, as against a general demurrer. The policy, set out in full, insured Thompson, as owner of the building described, against all direct loss or damage by fire, to the amount of $750. This loss or damage, if any, under the policy, was made payable to one Mitchell, trustee for Emma C. Gregg, as mortgagee, as her interest might appear. It appeared from the pleading that when the property was insured, and when the fire occurred, said Mitchell, as trustee for Mrs. Gregg, held a mortgage upon the premises, executed by…
2Cases cited9 opinions
- Hastings v. . Westchester Fire Ins. Co.New York Court of Appeals · 1878
- Blasingame v. Home Ins. Co. of City of N.Y.California Supreme Court · 1888
- Tilley v. Connecticut Fire Ins.Supreme Court of Virginia · 1890
- Hammel v. Queen Insurance Co. of London & LiverpoolWisconsin Supreme Court · 1880
- Motley v. Manufacturers' InsuranceSupreme Judicial Court of Maine · 1849
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Palmer Savings Bank v. Insurance Co. of North AmericaMassachusetts Supreme Judicial Court · 1896
- Anderson v. Connecticut Fire Insurance Co.Supreme Court of Minnesota · 1950
- Montgomery v. RiefUtah Supreme Court · 1897
- Capital Fire Ins. Co. of California v. LanghorneCourt of Appeals for the Eighth Circuit · 1945
- Trust Co. v. Scottish Union & National InsuranceSupreme Court of Georgia · 1904
10 more not listed; retrieve them via the Exa API.