Culbertson v. Cox
Supreme Court of Minnesota
Appeal by defendant Cox from an order of tbe district court for Winona county, Start, J., presiding, refusing a new trial.
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Appeal by defendant Cox from an order of tbe district court for Winona county, Start, J., presiding, refusing a new trial. The case is stated in the opinion. to the effect that a contract of insurance does not run with the land, but is a mere personal contract of indemnity to the person with whom it is made, and under no circumstances to be construed for the benefit of those not specified in the contract, cited Wood on Fire Ins., §§ 2, 249, 310, 344; May on Ins., § 6; Neioman v. Home Ins. Co., 20 Minn. 422; Saddlers’ Conipiany v. Badcock, 2 Atkyns, 554; Pozoles v. Innesrll M. & W. 10;…
1Opinion of the CourtMitchell, J.
In his lifetime Wilson Culbertson effected an insurance against loss by fire upon a dwelling-house owned by him, ancl occupied by himself and plaintiff, who was his wife, as a homestead. The policy itself is not in evidence, and the finding of the court below is that the insurance company “insured the said Culbertson against loss by fire,” etc. We shall assume that it was in the usual form, and ran to the insured, his executors, administrators, and assigns. After his death, and during the life of the policy, and while plaintiff, as his widow, still continued to occupy the premises as a…
2Cases cited3 opinions
- Herkimer v. . RiceNew York Court of Appeals · 1863
- Wyman v. . WymanNew York Court of Appeals · 1863
- Wyman v. ProsserNew York Supreme Court · 1862
3Cited by18 opinions
- Chase v. SwayneTexas Supreme Court · 1895
- Pfister v. GerwigIndiana Supreme Court · 1890
- Closuit v. MitbySupreme Court of Minnesota · 1953
- Franklin Fire Insurance v. ButtsSupreme Court of Arkansas · 1931
- Board of Education v. Winding Gulf CollieriesCourt of Appeals for the Fourth Circuit · 1945
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