Continental Insurance Co. v. Richardson

• Decision Date: 21 October 1897
• Docket Number: Nos. 10,737 - (121).,s. 10,737 - (121).
• Citation: 69 Minn. 433
• Parties: CONTINENTAL INSURANCE COMPANY v. J. S. RICHARDSON.<SMALL><SUP>1</SUP></SMALL>
• Court: Minnesota Supreme Court

Page 433

69 Minn. 433

CONTINENTAL INSURANCE COMPANY v. J. S. RICHARDSON.¹

Nos. 10,737 - (121).

Supreme Court of Minnesota.

October 21, 1897.

Appeal by plaintiff from a judgment of the district court for Otter Tail county, entered pursuant to an order by Baxter, J., reversing a judgment for plaintiff rendered in justice's court. 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 instalments 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 instalments 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 instalments 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 behalf of the plaintiff, and the note was received in evidence, over the objection and exception of the defendant. The defendant offered no evidence, and the justice gave judgment for the plaintiff for $40, from which the defendant appealed to the district court on questions of law alone, which court reversed the judgment of the justice court, and entered judgment for the defendant, from which the plaintiff appealed to this court.

The defendant claims that the judgment of the justice was erroneous for two reasons:

1. That the complaint does not state a cause of action. The complaint was made under the provisions of G. S. 1894, § 4984, which is to the effect that, when a cause of action upon an account or instrument is...