Legal Opinion

Wilson v. Minnesota Farmers' Mutual Fire Insurance

Supreme Court of Minnesota

Decided November 29, 1886PublishedCited by 26 opinions

The plaintiff brought this action in the district court for Douglas county, upon a policy of insurance issued by the defendant. In its answer the defendant pleaded that the applicant for the insurance falsely represented that the property was unincumbered, whereas in fact it was mortgaged. The reply, as amended on the trial, alleged that at the time of making the insurance the defendant had knowledge-of the existence of the mortgage.

Read the full summary

The plaintiff brought this action in the district court for Douglas county, upon a policy of insurance issued by the defendant. In its answer the defendant pleaded that the applicant for the insurance falsely represented that the property was unincumbered, whereas in fact it was mortgaged. The reply, as amended on the trial, alleged that at the time of making the insurance the defendant had knowledge-of the existence of the mortgage. The action was tried before Collinsr J., and a jury, and plaintiff had a verdict. Defendant appeals from, an order refusing a new trial.

1Opinion of the CourtDickinson, J.

The appellant’s first assignment of error is that the court erred in denying defendant’s motion for a new trial. This is too general, and is of no avail. It is no assignment of error, within the meaning of the rule which contemplates a specification of the errors by reason of which the appellant asks a reversal of the order or judgment appealed from.

The second assignment of error cannot be sustained. Under the amendment, made to the reply during the trial, it was competent for the plaintiff to show that the agent of the-defendant knew, at the time the application was made, that the property…

2Cases cited2 opinions

  1. Lebanon Savings Bank v. HollenbeckSupreme Court of Minnesota · 1882
  2. Shafer v. Phœnix Insurance Co.Wisconsin Supreme Court · 1881

3Cited by26 opinions

  1. Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
  2. German American Mutual Life Ass'n v. FarleySupreme Court of Georgia · 1897
  3. Bissell Carpet-Sweeper Co. v. Goshen Sweeper Co.Court of Appeals for the Sixth Circuit · 1896
  4. Renier v. Dwelling House InsuranceWisconsin Supreme Court · 1889
  5. Indiana Insurance v. HartwellIndiana Supreme Court · 1890

21 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API