Swing v. H. C. Akeley Lumber Co.
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Hennepin county, Smith, J., denying a motion for a new trial. The assessment was legal, just and equal. Plaintiff need not prove all the facts on which he allowed the losses for which the assessment is made. He need only show that sufficient claims for losses have been presented, which he allowed, to make up the sum for which he assessed the notes.
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Appeal by plaintiff from an order of the district court for Hennepin county, Smith, J., denying a motion for a new trial. The assessment was legal, just and equal. Plaintiff need not prove all the facts on which he allowed the losses for which the assessment is made. He need only show that sufficient claims for losses have been presented, which he allowed, to make up the sum for which he assessed the notes. The determination of the company, or, when it is insolvent, of its receiver, in receiving and allowing claims for losses, and the determination of the company, or of its receiver, in…
1Opinion of the Court
STABT, C. J.2
The Union Mutual Fire Insurance Company, a corporation organized, under the laws of the state of Ohio, for the purpose of doing a mutual fire insurance business throughout the United States, on October 1, 1889, at Minneapolis, in this state, executed and delivered to the defendant its policy of insurance, dated on that day, and thereby undertook to insure the defendant against losses on its property there situated, in the sum of $10,000, for the term of five years. In consideration of such policy, and as a part of the same transaction, the defendant executed to such insurance…
2Cases cited2 opinions
- Detroit Manufacturers' Mutual Fire Insurance v. MerrillMichigan Supreme Court · 1894
- Pacific Mutual Insurance v. GuseSupreme Court of Missouri · 1872
3Cited by3 opinions
- Swing v. HumbirdSupreme Court of Minnesota · 1904
- Langworthy v. C. C. Washburn Flouring Mills Co.Supreme Court of Minnesota · 1899
- Minnesota Farmers Mutual Insurance v. LandkammerSupreme Court of Minnesota · 1914