Mannheimer Bros. v. Kansas Casualty & Surety Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $2,630.73 upon defendant’s automobile policy. The case was heard by Haupt, J., who made findings and ordered judgment in favor of plaintiff, defendant mailing no appearance. From an order, Michael, J., denying its motion to vacate the judgment in favor of plaintiff and for leave to interpose an answer, defendant appealed.
1Opinion of the Court
Lees, C.
This is an appeal from an order denying defendant’s motion to vacate a default judgment and for leave to answer.
In July, 1918, defendant insured plaintiff for the term of one year against loss from liability for damages by reason of its ownership and use of automobiles in transporting merchandise. The policy contained a clause reading:
“This policy does not cover in respect of any automobile while driven or manipulated by any person contrary to the statutory age limit of any state or under the age of sixteen years, where there is no age limit.”
In March, 1919, one of plaintiff’s…
2Cases cited4 opinions
- State ex rel. Maryland Casualty Co. v. District CourtSupreme Court of Minnesota · 1916
- Hillstrom v. Mannheimer Bros.Supreme Court of Minnesota · 1920
- Shadewald v. PhillipsSupreme Court of Minnesota · 1898
- St. Paul, Minneapolis & Manitoba Railway Co. v. BrouletteSupreme Court of Minnesota · 1896
3Cited by12 opinions
- Taylor v. United States Casualty Co.New York Court of Appeals · 1936
- Mannheimer Bros. v. Kansas Casualty & Surety Co.Supreme Court of Minnesota · 1921
- Giacomo v. State Farm Mutual Automobile InsuranceSupreme Court of Minnesota · 1938
- Bitzer v. Southern Surety Co.Appellate Court of Illinois · 1924
- Holland Supply Corp. v. State Farm Mutual Automobile InsuranceSupreme Court of Virginia · 1936
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