Knox-Burchard Mercantile Co. v. Hartford Fire Insurance
Supreme Court of Minnesota
Action in the district court for Bamsey county upon insurance policies of eight insurance companies to determine the damage to plaintiff’s stock of merchandise from a certain fire, and when ascertained to apportion the same, among defendant companies. The case was tried before Olin B.. Lewis, J., who denied defendants’ motion for judgment on the pleadings, and submitted to the jury the question of the amount of plaintiff’s damage.
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Action in the district court for Bamsey county upon insurance policies of eight insurance companies to determine the damage to plaintiff’s stock of merchandise from a certain fire, and when ascertained to apportion the same, among defendant companies. The case was tried before Olin B.. Lewis, J., who denied defendants’ motion for judgment on the pleadings, and submitted to the jury the question of the amount of plaintiff’s damage. The jury returned a verdict for $13,279.39. The court made amended findings in favor of plaintiff, and apportioned the amount of the verdict among the several…
1Opinion of the CourtBrown, C. J.
This action was brought to recover upon policies of insurance issued to plaintiff by the several defendants insuring its stock of merchandise against loss or damage by fire. Plaintiff had judg"ment and defendants appealed from an order denying a new trial.
The appeal presents the questions: (1) Whether there was a waiver on the part of defendants of the right of arbitration; (2) whether an incorrect theory of damages was made the basis of plaintiff’s recovery; (3) whether the court erred in the admission of certain expert testimony in reference to the damages suffered by plaintiff; and (4)…
2Cases cited5 opinions
- Stevens v. City of MinneapolisSupreme Court of Minnesota · 1889
- Christianson v. Norwich Union Fire Insursance SocietySupreme Court of Minnesota · 1901
- American Central Insurance v. District Court of Ramsey CountySupreme Court of Minnesota · 1914
- Elliott v. Merchants & Bankers Fire InsuranceSupreme Court of Iowa · 1899
- O'Rourke v. German InsuranceSupreme Court of Minnesota · 1905
3Cited by11 opinions
- Marshall Produce Co. v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1959
- Clark v. DyeSupreme Court of Minnesota · 1924
- Association of Classroom Teachers of Oklahoma City, Inc. v. Independent School District 89Supreme Court of Oklahoma · 1975
- Donald G. Cousineau v. Norstan, Inc.Court of Appeals for the Eighth Circuit · 2003
- Ohio Confection Co. v. Eimon Mercantile Co.Supreme Court of Minnesota · 1923
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