Legal Opinion

Ganser v. Fireman's Fund Insurance

Supreme Court of Minnesota

Decided December 19, 1885PublishedCited by 18 opinions

Action upon an oral contract of fire-insurance. Appeal by defendant from an order of the district court for Steele county, Buckham, 3., presiding, overruling a demurrer to the complaint.

1Opinion of the CourtDickinson, J.

The points presented by the defendant in support of its demurrer to the complaint are — First, that it is not alleged that the defendant, a foreign corporation,- has complied with the requirements of our statute so that it is authorized to do business in this state; second, that neither the terms nor the substance of the policy of insurance are stated in the complaint; and, third, that it does not appear that the money sought to be recovered is due or has been demanded.

1. The defendant was not authorized to engage in the business of insurance in this state without having first complied with…

2Cases cited4 opinions

  1. Clay Fire & Marine Insurance v. Huron Salt & Lumber Manufacturing Co.Michigan Supreme Court · 1875
  2. Salisbury v. Hekla Fire InsuranceSupreme Court of Minnesota · 1884
  3. Locklin v. . MooreNew York Court of Appeals · 1874
  4. Germania Fire Ins. v. CurranSupreme Court of Kansas · 1871

3Cited by18 opinions

  1. Hartford Fire Ins. Co. v. Galveston, H. & S. A. Ry. Co.Texas Commission of Appeals · 1922
  2. Travelers Insurance Co. v. American Fidelity & Cas. Co.District Court, D. Minnesota · 1958
  3. Andrews v. AndrewsSupreme Court of Minnesota · 1927
  4. State v. United States Mutual Accident Ass'nWisconsin Supreme Court · 1887
  5. Corbett v. Physicians' Casualty Ass'n of AmericaWisconsin Supreme Court · 1908

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