Newman v. Springfield Fire & Marine Insurance
Supreme Court of Minnesota
One Samuel Stancbfield was insured by the defendant in the sum of f2,000, against the loss of a certain building by fire. The defendant afterwards, at the request of said Stanchfield, by its agent indorsed the policy of insurance as follows: “Payable in case of loss to George Newman to the extent of his claim.” A loss having occurred, the plaintiif brought this suit in the district court for Hennepin county, to recover of the defendant the amount of the insurance.
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One Samuel Stancbfield was insured by the defendant in the sum of f2,000, against the loss of a certain building by fire. The defendant afterwards, at the request of said Stanchfield, by its agent indorsed the policy of insurance as follows: “Payable in case of loss to George Newman to the extent of his claim.” A loss having occurred, the plaintiif brought this suit in the district court for Hennepin county, to recover of the defendant the amount of the insurance. Issue was joined and a trial had resulting in a verdict for the plaintiff. The defendant moved for a new trial, and its motion…
1Opinion of the Court
By the Court.
Ripley, Ch. J.
At the trial of this cause, the defendant objected to the admission of any evidence under the complaint, for the alleged reason that the same does not state facts sufficient to constitute a cause of action, in not averring an assignment of the policy set out in the complaint, and according to its terms, nor a waiver of this condition of the policy, and that the complaint does not allege notice of the amount of the plaintiff’s claim, or that he had any claim at all, at the time of the loss.
Some other objections are made to the sufficiency of the complaint, but they…
2Cited by11 opinions
- Kilborn v. Prudential InsuranceSupreme Court of Minnesota · 1906
- Continental Insurance v. VanlueIndiana Supreme Court · 1891
- Olson v. American Central Life InsuranceSupreme Court of Minnesota · 1927
- Brown v. State Automobile Insurance Assn.Supreme Court of Minnesota · 1944
- Schliep v. Commercial Casualty InsuranceSupreme Court of Minnesota · 1934
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