Pencille v. State Farmers' Mutual Hail Insurance
Supreme Court of Minnesota
Action in the district court for Waseca county to declare an assessment levied by defendant corporation on its members, invalid, to remove the individual defendants as officers of the corporation, and to have a receiver of its property appointed.
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Action in the district court for Waseca county to declare an assessment levied by defendant corporation on its members, invalid, to remove the individual defendants as officers of the corporation, and to have a receiver of its property appointed. Defendants demurred to the complaint on the grounds: (1) That plaintiffs have not legal capacity to sue; (2) that there is a defect of parties plaintiff; and (3) that the complaint does not state facts sufficient to constitute a cause of action. From an order, Buck-ham, J., overruling the demurrer, defendants appealed. The rule is well settled that a…
1Opinion of the CourtCollins, J.
Appeal from an order overruling a demurrer to a complaint, the grounds stated being that the plaintiffs had not legal capacity to sue, that there was a defect of parties plaintiff, and that facts sufficient to constitute a cause of action were not stated.
The plaintiffs, sixteen in number, are policy holders in a mutual hail insurance company organized in this state, and brought the action in behalf of themselves and all other policy holders who might choose to come into the proceeding. The defendants are the company and its officers. The complaint contains a large number of allegations of…
2Cases cited2 opinions
- Farmers' Mutual Fire Insurance Co. of Palmyra v. KnightIllinois Supreme Court · 1896
- York Co. Mut. Fire Ins. v. BowdenSupreme Judicial Court of Maine · 1869
3Cited by11 opinions
- Fairley v. City of DuluthSupreme Court of Minnesota · 1921
- Backus v. FinkelsteinDistrict Court, D. Minnesota · 1924
- National Power & Paper Co. v. RossmanSupreme Court of Minnesota · 1913
- Checotah Hardware Co. v. HensleySupreme Court of Oklahoma · 1914
- Kaufer v. FordSupreme Court of Minnesota · 1907
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