Cont'l Ins. Co. v. Richardson

• Decision Date: 21 October 1897
• Citation: 69 Minn. 433,72 N.W. 458
• Parties: CONTINENTAL INS. CO. v RICHARDSON.
• Court: Minnesota Supreme Court

69 Minn. 433

72 N.W. 458

CONTINENTAL INS. CO.vRICHARDSON.

Supreme Court of Minnesota.

Oct. 21, 1897.

(Syllabus by the Court.)

1. This action originated in justice's court. The complaint was oral, and entered in the docket in these words: “Plaintiff for his complaint files with the court, verified, *** a certain promissory note, on which there appears to be due the sum of forty dollars, for which amount they ask judgment.” Held, that the complaint stated a cause of action.

2. On a trial in the district court of an appeal on questions of law alone from a justice's judgment, and where it does not appear that the return contains all of the evidence, and no request therefor is shown to have been made, it will be presumed that sufficient competent evidence was given to support the judgment.

3. Held, following Harvester Co. v. Clark, 15 N. W. 252, 30 Minn. 308, that a written contract made by the defendant with the plaintiff by the name in which it sues (described as a corporation) is prima facie proof against the defendant of the existence of a legal entity having that name, and with capacity to contract, and of the right of the person or being represented by that name to enforce the contract by action.

Appeal from district court, Otter Tail county; L. L. Baxter, Judge.

Action by the Continental Insurance Company against J. S. Richardson. From an order of the district court reversing the judgment of the justice's court in favor of plaintiff, and entering judgment for defendant, plaintiff appeals. Reversed.

M. J. Daly, for appellant.

E. E. Corliss, for respondent.

START, C. J.

This action originated in justice's court. The complaint was oral, and was entered in the justice's docket in these words: “Plaintiff for his complaint files with the court, verified, *** a certain promissory note, on which there appears to be due the sum of forty dollars, for which amount they ask judgment, together with their costs and disbursements.” The note referred to in the complaint was as follows: “$40.00. For value received, in policy No. B., dated the - day of -, 18-, issued by the Continental Insurance Company, of New York, I promise to pay to said company, or order, at their office in Chicago, Ill., forty dollars, in installments as follows: Ten dollars and - cents upon the first day of July, 1892, and ten dollars and - cents upon the first day of July, 1893, and ten dollars and - cents upon the first day of July, 1894, and ten dollars and - cents upon the first day of July, 1895, without interest. And it is hereby agreed that, in case of nonpayment of any one of the installments herein named at maturity, this company shall not be liable for loss during such default; and the policy for which the note was given shall lapse until payment is made to this company in New York, or to the Western department at Chicago; and in the event of nonsettlement for time expired, as per terms on short rates, the whole amount of installments remaining unpaid on said policy may be declared earned, due, and payable, and may be collected by law. Given in payment for a policy of insurance. If transferred either before or after maturity, this obligation shall be subject to all defenses as if owned by the payee herein named. J. S. Richardson.” The answer was a general denial, and contained this further allegation: “The plaintiff is not a corporation, as alleged in said complaint.” On the trial one witness was sworn on...