Legal Opinion

State ex rel. Schaefer v. Minnesota Title Insurance & Trust Co.

Supreme Court of Minnesota

Decided June 19, 1908No. Nos. 15,484, 15,485—(11, 12)PublishedCited by 2 opinions

In the above entitled action in the district court for Hennepin county William Bros Boiler & Manufacturing Company filed a claim for $45, for unearned premium on a title insurance policy. The facts were stipulated. The matter was tried before Frederick V. Brown, J., who made findings and ordered judgment in favor of claimant in the sum of $34.88. From this order, both parties appealed.

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In the above entitled action in the district court for Hennepin county William Bros Boiler & Manufacturing Company filed a claim for $45, for unearned premium on a title insurance policy. The facts were stipulated. The matter was tried before Frederick V. Brown, J., who made findings and ordered judgment in favor of claimant in the sum of $34.88. From this order, both parties appealed. Almost the only point of contact of this case with other kinds of insurance is the idea of indemnity. It is like fire and accident and casualty insurance only in this idea of indemnity. It is totally unlike…

1Opinion of the CourtBrown, J.

The facts in this case, as disclosed by a stipulation of the parties,are as follows: The Minnesota Title Insurance & Trust Company was organized under the laws of -the state for the purpose, among other things, of insuring titles to real property and issuing policies therefor. In February, 1907, claimant applied to the company for a policy insuring the title to certain property it then owned, upon which, after due investigation, a policy was issued in due form insuring the title for the period of twenty five years from its date, and claimant paid the premium charged therefor, amounting to…

2Cases cited4 opinions

  1. Taylor v. North Star Mutual InsuranceSupreme Court of Minnesota · 1891
  2. In re Minneapolis Mut. Fire Ins.Supreme Court of Minnesota · 1892
  3. Smith v. National Credit InsuranceSupreme Court of Minnesota · 1896
  4. McCallum v. National Credit InsuranceSupreme Court of Minnesota · 1901

3Cited by2 opinions

  1. Daniel v. Tyrrell & Garth Investment Co.Texas Supreme Court · 1936
  2. Untitled Texas Attorney General Opinion, Texas Attorney General Reports1948

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