Walker v. Rein
North Dakota Supreme Court
Appeal from District Court, Barnes county; Burke, J. Action by George Walker against C. J. Rein. Judgment for defendant, and plaintiff appeals. A contract for insurance consummated in Minnesota is a Minnesota contract, although the assured and risk are in North Dakota. Seamans v. Knapp, Scott & Co., 89 Wis. 171, 61 N. W. 757; Whiston v. Stodder, 13 Am. Dec. 281; Hyde v. Goodnow, 3 N. Y. 266; Scudder v. Union Nat.
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Appeal from District Court, Barnes county; Burke, J. Action by George Walker against C. J. Rein. Judgment for defendant, and plaintiff appeals. A contract for insurance consummated in Minnesota is a Minnesota contract, although the assured and risk are in North Dakota. Seamans v. Knapp, Scott & Co., 89 Wis. 171, 61 N. W. 757; Whiston v. Stodder, 13 Am. Dec. 281; Hyde v. Goodnow, 3 N. Y. 266; Scudder v. Union Nat. Bank, 91 U. S. 406, 23 L. Ed. 245. The place of mailing the policy is the place of the contract. Ford v. Buckeye State Ins. Co., 99 Am. Dec. 663. Certificate of the commissioner to a…
1Opinion of the CourtEngerud, J.
This is an appeal 'by plaintiff from a judgment of dismissal on the merits entered in the district court pursuant to a directed verdict. The plaintiff sues as assignee of an alleged cause of action which was originally held by the Mankato Mutual Hail & Cyclone Insurance Company.' It is clear from the record that the action -is brought to enforce defendant’s alleged liability for an assessment levied upon him by said company, of which the defendant was a member. Holding, as we do, that the evidence offered by the plaintiff shows affirmatively that the plaintiff has, in fact, no cause of…
2Cases cited12 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- New York Life Insurance v. CravensSupreme Court of the United States · 1900
- Pope v. HankeIllinois Supreme Court · 1894
- Seamans v. Temple Co.Michigan Supreme Court · 1895
- Thompson v. WatersMichigan Supreme Court · 1872
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3Cited by2 opinions
- State ex rel. Hart-Parr Co. v. Robb-Lawrence Co.North Dakota Supreme Court · 1906
- Estate of BourkeCalifornia Superior Court · 1910