Legal Opinion

Cargill v. Millers' & Manufacturers' Mutual Insurance Co.

Supreme Court of Minnesota

Decided January 10, 1885PublishedCited by 14 opinions

Action upon a fire-insurance policy for $5,000, upon an “elevator building and-additions,” brought in the district court for Hennepin county, the damage from the fire to the property insured being alleged by plaintiff to amount to $7,195. The answer admits the issuance of the policy, pleads in defence the by-laws and regulations of defendant set out in the opinion, and denies that the loss to the property covered by the policy exceeded the sum of $4,545. From the evidence it…

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Action upon a fire-insurance policy for $5,000, upon an “elevator building and-additions,” brought in the district court for Hennepin county, the damage from the fire to the property insured being alleged by plaintiff to amount to $7,195. The answer admits the issuance of the policy, pleads in defence the by-laws and regulations of defendant set out in the opinion, and denies that the loss to the property covered by the policy exceeded the sum of $4,545. From the evidence it appeared that the elevator proper was appraised at $4,445, and the warehouse referred to in the opinion at $2,749. The…

1Opinion of the CourtDickinson, J.

Action upon a policy of fire insurance, the property insured being described in the policy as a “steam-power elevator building, and additions, with porches and platforms attached, including engine and boiler house. * * * ” One of the questions in the case is whether the policy covered a warehouse standing near the elevator. The warehouse stood within two and a half feet of the elevator building, and was of about the same size as the elevator. The two buildings were fastened together by strips of board — about 20 in number — nailed upon each building. The warehouse was used exclusively for…

2Cases cited3 opinions

  1. Killips v. Putnam Fire InsuranceWisconsin Supreme Court · 1871
  2. Chandler v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1874
  3. Loy v. Home InsuranceSupreme Court of Minnesota · 1877

3Cited by14 opinions

  1. Price v. Southern Home InsuranceSupreme Court of Florida · 1930
  2. Gross v. Milwaukee Mechanics' InsuranceWisconsin Supreme Court · 1896
  3. De Graff v. Queen InsuranceSupreme Court of Minnesota · 1888
  4. German-American Insurance v. Commercial Fire Ins.Supreme Court of Alabama · 1891
  5. Globe & Rutgers Fire Insurance v. HamiltonIndiana Court of Appeals · 1917

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