Kelly v. Liverpool & London & Globe Insurance
Supreme Court of Minnesota
Action in the district court for Scott county to reform a policy of insurance issued by defendant company to plaintiffs’ assignor, and to recover $1,500 thereon. From an order, Cadwell, J., overruling a general demurrer to the complaint, defendant appealed.
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Action in the district court for Scott county to reform a policy of insurance issued by defendant company to plaintiffs’ assignor, and to recover $1,500 thereon. From an order, Cadwell, J., overruling a general demurrer to the complaint, defendant appealed. A bill or complaint, which asks the rectification of a mistake in a written contract and the enforcement of the instrument as reformed, states but one cause of action even though the enforcement of the contract involves matters purely cognizable in a court of law. 18 Enc. PI. & Pr. 793; Pomeroy, Code Rem. (3d Ed.) § 459; Bliss, Code PI.…
1Opinion of the CourtBrown, J.
Action to reform and recover upon a policy of fire insurance. Defendant interposed a general demurrer to the complaint, which was overruled by the trial court, and this appeal was taken.
The complaint sets out that on April 9, 1903, the defendant issued to one C. H. Grafenstadt a certain policy of fire insurance, for the sum of *144$1,500, upon his stock of goods and merchandise, consisting of dry-goods, groceries, boots and shoes, etc.; that on October 11, 1903, the property, which is alleged to have been worth the sum of $14,000, ivas totally destroyed by fire; that thereafter, on October 13,…
2Cases cited6 opinions
- Mosness v. German-American Insurance Co. of New YorkSupreme Court of Minnesota · 1892
- Kahnweiler v. Phenix Ins. Co. of BrooklynCourt of Appeals for the Eighth Circuit · 1895
- Gasser v. Sun Fire OfficeSupreme Court of Minnesota · 1890
- Fletcher v. German-American Insurance Co. of New YorkSupreme Court of Minnesota · 1900
- Ohage v. Union Insurance Co. of PhiladelphiaSupreme Court of Minnesota · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Itasca Paper Co. v. Niagara Fire Insurance Co.Supreme Court of Minnesota · 1928
- Niazi v. St. Paul Mercury Insurance Co.Supreme Court of Minnesota · 1963
- Cash v. Concordia Fire InsuranceSupreme Court of Minnesota · 1910
- Mahoney v. Minnesota Farmers Mutual InsuranceSupreme Court of Minnesota · 1917
- Boston Insurance Co. v. A. H. Jacobson Co.Supreme Court of Minnesota · 1948
2 more not listed; retrieve them via the Exa API.