Merchants & Farmers Mutual Casualty Co. v. Saint Paul-Mercury Indemnity Co.

Concerning the cancellation of the policy, there was no dispute about the tenor of the conversation between Mrs. Schullo and Frank Barney. Mrs. Schullo testified that she had no intention of carrying two policies. It strikes me that reasonable minds could not differ as to her purpose in calling up Barney and that it was to conclude the negotiations for a cancellation of the policy. Also, that because defendant refused to carry the risk any longer on account of her son’s violation of law Barney’s purpose was to cancel the policy. In fact, Barney had previously carried the policy for a few days…