Linder v. Fidelity & Casualty Co.
Supreme Court of Minnesota
Appeal by plaintiff, Louis A. Linder, as administrator of the estate of Robert L. Lind, deceased, from that part of a judgment of the District Court of Blue Earth County, Severance, J., entered September 15, 1892, adjudging that the action be dismissed on the merits as to the defendants the Fidelity & Casualty Company and W. L. Comstock, its local soliciting agent.
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Appeal by plaintiff, Louis A. Linder, as administrator of the estate of Robert L. Lind, deceased, from that part of a judgment of the District Court of Blue Earth County, Severance, J., entered September 15, 1892, adjudging that the action be dismissed on the merits as to the defendants the Fidelity & Casualty Company and W. L. Comstock, its local soliciting agent. On April 25, 1890, Robert L. Lind obtained from the Fidelity & Casualty Company of New York a policy insuring him for three months next thereafter, in the sum of $2,000, against death resulting from bodily injuries, through…
1Opinion of the CourtG-ileillan, C. J.
The facts in the case do not admit of the questions of law raised by the briefs. Treating the contract between Catón and plaintiff as, between them, an equitable assignment of a part of the claim, still, as found by the court below, the company paid the claim to its creditor, the person to whom it had contracted to pay, without having assented to, or having any notice or knowledge of, such assignment; and that excludes any claim by plaintiff against it. The court was not only justified in so finding the facts, but, on the evidence, it could not have found to the contrary. When the contract…
2Cited by3 opinions
- State ex rel. Wilson v. BigelowSupreme Court of Minnesota · 1893
- Cornwell v. Surety Fund Life Co.South Dakota Supreme Court · 1924
- Kot v. Chrysler Corp.Michigan Supreme Court · 1940