Legal Opinion

Travelers Indemnity Co. v. Fawkes

Supreme Court of Minnesota

Decided January 24, 1913No. Nos. 17,822—(156)PublishedCited by 16 opinions

Action in the district court for Hennepin county to recover $2,504.50. The substance of the complaint and answer will be found in the second and third paragraphs of the opinion. The case was tried before Waite, J., and a jury which returned a verdict for $2,489.50 in favor of plaintiff. At the hearing of defendant’s motion for a new trial plaintiff moved in open court to be allowed to amend its complaint.

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Action in the district court for Hennepin county to recover $2,504.50. The substance of the complaint and answer will be found in the second and third paragraphs of the opinion. The case was tried before Waite, J., and a jury which returned a verdict for $2,489.50 in favor of plaintiff. At the hearing of defendant’s motion for a new trial plaintiff moved in open court to be allowed to amend its complaint. The court allowed the amendments and denied the motion for a new trial. From an order denying defendant’s motion for a new trial and allowing plaintiff’s motion to amend the complaint,…

1Opinion of the CourtPhilip E. Brown, J.

Appeal by tbe defendant from an order allowing certain amendments of tbe complaint and denying bim a new trial after verdict for tbe plaintiff for $2,489.50. Tbe material allegations of tbe complaint are, in effect, as follows:

Tbe Bfudson Thurber Company, being tbe owner of an automobile, insured tbe same in tbe plaintiff company against damage from collision, to tbe extent of its intrinsic value at tbe time of injury. While tbis policy was in force, and in January or February. 1911, the insured delivered tbe car to the defendant in Minneapolis, who was carrying on tbe business of selling and…

2Cases cited2 opinions

  1. Davis v. Tribune Job-Printing Co.Supreme Court of Minnesota · 1897
  2. Wickstrom v. SwansonSupreme Court of Minnesota · 1909

3Cited by16 opinions

  1. Ponticas v. K.M.S. InvestmentsSupreme Court of Minnesota · 1983
  2. Valley Mercantile Co. v. St. Paul Fire & Marine Ins.Montana Supreme Court · 1914
  3. Wicklund v. North Star Timber Co.Supreme Court of Minnesota · 1939
  4. Employers' Fire Insurance v. Consolidated Garage & Sales Co.Indiana Court of Appeals · 1927
  5. Medes v. HornbachCourt of Appeals for the D.C. Circuit · 1925

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