J. Magill Smith v. St. Paul German Fire Ins.
Supreme Court of Minnesota
Appeal by plaintiffs, J. Magill Smith and Herbert B. Farwell, from a judgment of the District. Court of Ramsey County, John W. Willis, J., entered July 7, 1893, that they take nothing by their action. The defendant, the St. Paul German Insurance Company, is a corporation created under the laws of this State.
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Appeal by plaintiffs, J. Magill Smith and Herbert B. Farwell, from a judgment of the District. Court of Ramsey County, John W. Willis, J., entered July 7, 1893, that they take nothing by their action. The defendant, the St. Paul German Insurance Company, is a corporation created under the laws of this State. On September 16, 1891, it insured the plaintiffs for one year against loss by fire to the amount of $1,000 upon their stock of merchandise at No. 339 East Seventh Street, St. Paul, $28,000 total concurrent insurance allowed. On April 25, 1892, the stock was damaged and in part destroyed…
1Opinion of the CourtBook, J.
The plaintiffs brought this action upon a policy issued by the defendant, a loss by fire having occurred. The cause of action is admitted by the defendant, but it pleads, as a bar to the action, that prior to the commencement of the action the defendant had made an assignment, under the insolvent law of this state, to one Franzen, who duly qualified and entered upon the discharge of his duties as assignee, and that about the 18th day of July, 1892, the plaintiffs herein duly made out their claim for the identical loss and policy described in the complaint in this action, which was verified as…
2Cases cited9 opinions
- Chadwick v. CornishSupreme Court of Minnesota · 1879
- Brisbin v. FarmerSupreme Court of Minnesota · 1871
- People ex rel. Granger v. Judge of the Wayne Circuit CourtMichigan Supreme Court · 1873
- Parsons v. ClarkMichigan Supreme Court · 1886
- Wendell v. LebonSupreme Court of Minnesota · 1883
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3Cited by3 opinions
- Lacy v. GunnCalifornia Supreme Court · 1904
- Mayfield Woolen Mills v. Goodrich & Martineau Co.Wisconsin Supreme Court · 1926
- Chicago & Alton Railroad v. St. Paul German Fire Ins.Supreme Court of Minnesota · 1894