Legal Opinion

Kells v. Northwestern Live-Stock Insurance

Supreme Court of Minnesota

Decided May 13, 1896No. Nos. 9834-(23)PublishedCited by 4 opinions

Appeal by defendant from an order of the district court for Stearns county, Baxter, J., denying a motion for a new trial.

1Opinion of the CourtCanty, J.

On February 25, 1S93, N. P. Clarke was the owner of a stallion, which on that day he sold to one Franzikus for $1,000, for which Franzikus gave his notes secured by a chattel mortgage on the horse. On March 14, 1893, defendant insured Franzikus for one year against loss by death of the horse by disease or accident, to the amount of $500; loss, if any, payable to Clarke “as his interest may appear as mortgagee.” On January 4, 1894, during the time covered by the policy, the horse died. This action was brought by Clarke to recover on the policy. He subsequently made an assignment for the…

2Cases cited4 opinions

  1. Dugan v. United StatesSupreme Court of the United States · 1818
  2. Anderson v. Manchester Fire Assurance Co.Supreme Court of Minnesota · 1894
  3. Brandup v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1880
  4. Welch v. LindoSupreme Court of the United States · 1812

3Cited by4 opinions

  1. Cetkowski v. KnutsonSupreme Court of Minnesota · 1925
  2. Menzie v. SmithNebraska Supreme Court · 1902
  3. King v. BellamySupreme Court of Kansas · 1910
  4. Minneapolis Threshing Machine Co. v. GilruthSupreme Court of Minnesota · 1909

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