Mansfield v. Stevens
Supreme Court of Minnesota
The plaintiff, having recovered judgment against the defendant in the district court for Eamsey county, instituted garnishment proceedings, seeking to reach the sum of $2,500 as owing to defendant and another jointly by the garnishee as the adjusted loss under a policy of fire insurance.
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The plaintiff, having recovered judgment against the defendant in the district court for Eamsey county, instituted garnishment proceedings, seeking to reach the sum of $2,500 as owing to defendant and another jointly by the garnishee as the adjusted loss under a policy of fire insurance. A disclosure having been made by the garnishee, showing the facts stated in the opinion, and an order having been made bj Brill, J., discharging the garnishee, plaintiff appeals from an order refusing to vacate and set aside such order. The mortgagee made no application to be made a party to the suit before…
1Opinion of the CourtVanderburgh, J.
The subject of garnishment herein is the alleged interest of the defendant Stevens in a claim of $2,500 against the garnishee on account of an insurance policy issued to Stevens and Sears upon a building owned by them jointly, and which had been destroyed by fire, at which amount the loss had been adjusted, subject to the approval of the general agent of the company, at the time of the disclosure.
It will be necessary to consider but a single point in the case. It indisputably appeared, as a part of the disclosure, that the property insured had been mortgaged to one Smieding, to secure the sum…
2Cases cited2 opinions
- Williams v. PomeroySupreme Court of Minnesota · 1880
- Donnelly v. O'ConnorSupreme Court of Minnesota · 1875
3Cited by6 opinions
- Airey Stouse v. HokeSupreme Court of Louisiana · 1927
- Purcell v. St. Paul Fire & Marine InsuranceNorth Dakota Supreme Court · 1895
- Edward Thompson Co. v. DurandSupreme Court of Louisiana · 1909
- Metz Manf'g Co. v. HolbeckMichigan Supreme Court · 1929
- Smith v. McCallLouisiana Court of Appeal · 1929
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