Ladwig v. Supreme Assembly Equitable Fraternal Union
Supreme Court of Minnesota
Action in the district court for Winona county to recover $1,000 upon defendant’s benefit certificate of insurance upon the life of Herman Ladwig in favor of plaintiff. The action was tried before Snow, J., who denied defendant’s motion for a directed verdict, and a jury which returned a verdict of $714.70 in favor of plaintiff.
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Action in the district court for Winona county to recover $1,000 upon defendant’s benefit certificate of insurance upon the life of Herman Ladwig in favor of plaintiff. The action was tried before Snow, J., who denied defendant’s motion for a directed verdict, and a jury which returned a verdict of $714.70 in favor of plaintiff. From an order denying defendant’s motion for judgment notwithstanding the verdict and from an order granting its motion for a new trial, defendant appealed. From an order granting defendant’s motion for a new trial, plaintiff appealed.
1Opinion of the Court
Dibell, C.
This is an action on a benefit certificate. There was a verdict for the plaintiff. On the alternative motion of the defendant for a new trial or judgment the court denied the motion for judgment and granted the motion for a new trial. Both plaintiff and defendant appeal.
1. The court granted the motion for a new trial upon the ground that the evidence did not justify the verdict and stated the ground *73in its order. This brings the case within the rule laid down in Hicks v. Stone, 13 Minn. 398, (434) that an order granting a new trial for insufficiency of evidence will not be reversed…
2Cases cited5 opinions
- Wood v. CullenSupreme Court of Minnesota · 1868
- Van Doren v. WrightSupreme Court of Minnesota · 1896
- Fischer v. SperlSupreme Court of Minnesota · 1907
- Netzer v. City of CrookstonSupreme Court of Minnesota · 1896
- Park v. Electric Thermostat Co.Supreme Court of Minnesota · 1899
3Cited by9 opinions
- Johnson v. Clement F. Sculley Construction Co.Supreme Court of Minnesota · 1959
- Mevorah v. GoodmanNorth Dakota Supreme Court · 1955
- Larew v. Iowa State Highway CommissionSupreme Court of Iowa · 1964
- Gross Coal Co. v. City of MilwaukeeWisconsin Supreme Court · 1920
- In Re Estate of HalwegSupreme Court of Minnesota · 1940
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