Caplis v. American Fire Insurance
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $500 apon a policy of insurance issued October 31, 1893, by the defendant company. The fire occurred November 3, 1893. At the trial the court, Ensign, J., denied defendant’s motion to dismiss the case, refused to instruct the jury to return a verdict for defendant, and directed a verdict for plaintiff. From an order granting defendant’s motion to set aside the verdict and for a new trial, plaintiff appealed.
1Opinion of the CourtCollins, J.
The building destroyed by fire, and insured by the policy on which this action was brought, stood upon leased ground, it being so stated in the policy, which was of the standard form. In the lease was this clause: “And it is further agreed that said lessor shall at all times have a first lien upon all buildings for any unpaid rental or taxes.” And at the date of the policy, and also when the fire occurred, ground rent was due and unpaid for more than three months. The lease also contained the usual provision prohibiting an assignment thereof without first obtaining the written consent of the…
2Cases cited1 opinion
- Merrill v. ResslerSupreme Court of Minnesota · 1887
3Cited by4 opinions
- Raulet v. Northwestern Nat'l Ins. Co. of MilwaukeeCalifornia Supreme Court · 1910
- Liverpool London Globe Ins. Co. v. CargillSupreme Court of Oklahoma · 1914
- Smith v. Mutual Cash Guaranty Fire Ins.South Dakota Supreme Court · 1907
- Place v. St. Paul Title Insurance & Trust Co.Supreme Court of Minnesota · 1897