Lane v. St. Paul Fire & Marine Insurance
Supreme Court of Minnesota
Appeal by defendant, St. Paul Fire & Marine Insurance Company, from an order of the District Court of Hennepin County, Pond, J., made December 7, 1891, overruling its demurrer to the reply. One Joe Ghinsburg, owned on December 29, 1890, a stock of merchandise at Atwater in Kandiyohi county, of the value of $3,200, on which the defendant issued to him its policy of insurance against loss by fire to the amount of $1,500 for six months.
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Appeal by defendant, St. Paul Fire & Marine Insurance Company, from an order of the District Court of Hennepin County, Pond, J., made December 7, 1891, overruling its demurrer to the reply. One Joe Ghinsburg, owned on December 29, 1890, a stock of merchandise at Atwater in Kandiyohi county, of the value of $3,200, on which the defendant issued to him its policy of insurance against loss by fire to the amount of $1,500 for six months. On January 15, 1891, the merchandise was totally destroyed by fire. He made and served proofs of loss, but did not procure or furnish the certificate of the…
1Opinion of the CourtMitchell, J.
The policy sued on contained a provision that the insured “shall, if required, furnish a certificate of the magistrate or notary public (not interested in the claim as a creditor or otherwise, nor related to the insured) living nearest the place of fire, stating that he has examined the circumstances, and believes the insured has honestly sustained loss to the amount that such magistrate or notary public shall certify.”
It also provided that “no suit or action on this policy for the recovery of any' claim shall be sustainable in any court of law or equity until after full compliance by the…
2Cases cited8 opinions
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
- Aurora Fire Insurance v. JohnsonIndiana Supreme Court · 1874
- Johnson v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1873
- Davis Shoe Co. v. Kittanning Ins.Supreme Court of Pennsylvania · 1890
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3Cited by11 opinions
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- Home Fire Insurance v. Hammang Bros. & Co.Nebraska Supreme Court · 1895
- North British & Mercantile Ins. v. Luck's Strike Oil & Gas Co.Supreme Court of Oklahoma · 1918
- Palatine Ins. Co. v. LynnSupreme Court of Oklahoma · 1914
- Audette v. L'Union St. JosephMassachusetts Supreme Judicial Court · 1901
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