Gies v. Bechtner & Kottman
Supreme Court of Minnesota
The plaintiff after recovering judgment against the defendants commenced garnishee proceedings against the “ Home Insurance Company” in the District Court for Eamsey County; from the disclosure of the garnishee it appears that the defendants were insured by the garnishee against loss by fire, and that a loss had occurred previous to the service of the garnishee summons, but no notice had been given, or proof of the loss, made by the insured, which were required by the policy…
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The plaintiff after recovering judgment against the defendants commenced garnishee proceedings against the “ Home Insurance Company” in the District Court for Eamsey County; from the disclosure of the garnishee it appears that the defendants were insured by the garnishee against loss by fire, and that a loss had occurred previous to the service of the garnishee summons, but no notice had been given, or proof of the loss, made by the insured, which were required by the policy of insurance. The Court below discharged the garnishee, and judgment for costs was entered in its favor: from this…
1Opinion of the Court
By the Oowri
McMillan, J.
The garnishee ’summons in this case was served u]5on the garnishee and the defendants on the 26th of May, 1866. The examination of the garnishee was commenced before the referee on the 9th of August, and adjourned until September 10th, 1866, at which time it was concluded. On the 18th of December ah order was made by the District Court discharging the garnishee with costs..The loss by fire occurred prior to the service of the summons on the garnishee; but at the time of the service no notice had been given or proof made of the loss by the insured, and none have since…
2Cases cited4 opinions
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Emerson v. GoodwinSupreme Court of Connecticut · 1833
- Downer v. TopliffSupreme Court of Vermont · 1847
- Franklin Fire Insurance v. WestSupreme Court of Pennsylvania · 1845
3Cited by11 opinions
- Cressler v. BrownSupreme Court of Oklahoma · 1920
- Rintala v. ShoemakerDistrict Court, D. Minnesota · 1973
- Isaac Van Dyke Co. v. MollMichigan Supreme Court · 1928
- Hanover Fire Insurance v. ConnorAppellate Court of Illinois · 1886
- Orient Ins. Co. v. Van Zant-Bruce Drug Co.Supreme Court of Oklahoma · 1915
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