Wieland v. St. Louis County Farmers Mutual Fire Insurance
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $1,800 on an insurance policy. Defendant’s demurrer to the complaint on the ground that the facts stated did not constitute a cause of action was overruled. The case was tried before Fesler, J., who when plaintiff rested denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $1,872. Defendant’s motion for judgment notwithstanding the verdict or for a new trial, was denied.
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Action in the district court for St. Louis county to recover $1,800 on an insurance policy. Defendant’s demurrer to the complaint on the ground that the facts stated did not constitute a cause of action was overruled. The case was tried before Fesler, J., who when plaintiff rested denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $1,872. Defendant’s motion for judgment notwithstanding the verdict or for a new trial, was denied. From the judgment entered pursuant to the verdict, defendant appealed.
1Opinion of the CourtHolt, J.
The defendant, a township farmers mutual insurance company or- - *256ganized under the laws of this state, appeals from the judgment rendered in an action by plaintiff on an insurance contract.
The assignments of error question the sufficiency of the evidence to support the finding that prepayment of the premium was waived, and also challenge the power of defendant and its secretary to so do.
Plaintiff predicates his cause of action substantially upon these allegations: That on September 19, 1918, he applied to defendant for $1,800 insurance against loss and damage by fire on his house and bam…
2Cases cited13 opinions
- Kausal v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1883
- Railway Passenger & Freight Conductors' Mutual Aid & Benefit Ass'n v. TuckerIllinois Supreme Court · 1895
- Morrison v. Wisconsin Odd Fellows' Mutual Life InsuranceWisconsin Supreme Court · 1884
- Croft v. Hanover Fire InsuranceWest Virginia Supreme Court · 1895
- Towle v. Ionia, Eaton & Barry Farmers' Mutual Fire InsuranceMichigan Supreme Court · 1892
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3Cited by4 opinions
- Koivisto v. Bankers & Merchants Fire InsuranceSupreme Court of Minnesota · 1921
- Ulledalen v. the United States Fire Ins. Co.North Dakota Supreme Court · 1946
- Humenik v. SiwekSupreme Court of Minnesota · 1963
- Equitable Trust Co. v. Eastern Michigan Farmers' Mutual Fire InsuranceMichigan Supreme Court · 1941