Gude v. Exchange Fire Ins.
Supreme Court of Minnesota
Appeal by plaintiffs, Henry J. Gude and Joseph O. Gude, from an order of the District Court of St. Louis County, O. P. Stearns, J., made September 23, 1892, denying their motion for a new trial.
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Appeal by plaintiffs, Henry J. Gude and Joseph O. Gude, from an order of the District Court of St. Louis County, O. P. Stearns, J., made September 23, 1892, denying their motion for a new trial. The defendant, the Exchange Fire Insurance Company of New York, on January 12, 1891, in consideration of $75, insured the plaintiffs for one year against loss by fire not exceeding $2,500, on their elevator and feed mill situated on a leased site on the St. Paul & Duluth Railroad right of way in Duluth. The policy contained a condition that it should be void if the subject of the insurance be personal…
1Opinion of the CourtMitchell, J.
This was an action on a fire insurance policy. The defense was that, at the time the policy was issued, the property insured was covered by a mortgage, — a fact which, by the conditions of the policy, rendered it void. The reply was that the defendant accepted the risk with knowledge of the mortgage, and thereby waived the condition of the policy. It appeared that plaintiffs procured the insurance through one Case, who knew of the mortgage; hence the real issue was whether Case was defendant’s agent im soliciting the insurance and procuring the applications for it, so that his knowledge of…
2Cases cited1 opinion
- Kausal v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1883
3Cited by14 opinions
- Morrison v. SwensonSupreme Court of Minnesota · 1966
- Travelers Indemnity Company, a Corporation v. National Indemnity CompanyCourt of Appeals for the Eighth Circuit · 1961
- Otte v. Hartford Life InsuranceSupreme Court of Minnesota · 1903
- Smith v. American Automobile InsuranceMissouri Court of Appeals · 1915
- Whitney v. National Masonic Accident Ass'nSupreme Court of Minnesota · 1894
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