Nels Bergstrom v. Farmers' Mutual Ins.
Supreme Court of Minnesota
Appeal by defendant, the Farmers’ Mutual Insurance Company of Manchester, Freeborn County, Minnesota, from an order of the District Court of Freeborn County, Farmer, J., made March 25, 1892, refusing a new trial. This action and the preceding ease of Soli against the same defendant were tried together in the court below, and the findings in this case were the same as in that. Judgment was ordered for the sum of $75, interest and costs.
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Appeal by defendant, the Farmers’ Mutual Insurance Company of Manchester, Freeborn County, Minnesota, from an order of the District Court of Freeborn County, Farmer, J., made March 25, 1892, refusing a new trial. This action and the preceding ease of Soli against the same defendant were tried together in the court below, and the findings in this case were the same as in that. Judgment was ordered for the sum of $75, interest and costs. The two appeals were argued together in this court.
1Opinion of the CourtDickinson, J.
The only feature distinguishing this case from that of Soli against this defendant, ante, p. 24, (52 N. W. Rep. 979,) is that the policy (to run five years) was issued in February, and before the hay on the marsh was harvested and stacked. It is, of course, obvious that the finding of the court that the defendant knew where the hay was when the policy was issued cannot have been strictly true, for this hay was not then in existence. But the policy was not intended merely to cover hay then in existence, but the successive crops put in stack during the period of five years, and the finding of…
2Cases cited2 opinions
- McManus v. Duluth, Crookston & Northern R.Supreme Court of Minnesota · 1892
- Soli v. Farmers' Mutual Ins.Supreme Court of Minnesota · 1892