Dakota Life Insurance v. Morgan

I can see no good reason for directing a new trial in this case. Neither can I agree with the assumption “that plaintiff acted with reasonable promptness after learning the facts upon which it based its rights to rescind.” While it is true that the court failed to find the degree of Indian blood possessed by the insured, this record, however, disclosed a *368general verdict in favor of the defendants, -besides specific findings upon the material facts of the case. The case was one for money had and received. In my judgment the court erred in holding that the case was one for the court on the…