Fletcher v. Staples

• Decision Date: 20 November 1895
• Docket Number: Nos. 9389 - (24).,s. 9389 - (24).
• Citation: 62 Minn. 471
• Parties: LAURA E. FLETCHER v. JAMES STAPLES and Another. (BROADWAY INSURANCE COMPANY, Garnishee.)<SMALL><SUP>1</SUP></SMALL>
• Court: Minnesota Supreme Court

62 Minn. 471

LAURA E. FLETCHER v. JAMES STAPLES and Another. (BROADWAY INSURANCE COMPANY, Garnishee.)¹

Nos. 9389 - (24).

Supreme Court of Minnesota.

November 20, 1895.

Appeal by defendants from a judgment of the municipal court of Duluth for $369.59 in favor of plaintiff and against Broadway Insurance Company, garnishee, entered in pursuance of the order of Powell, J. Affirmed.

Stanford & Arbury, for appellants.

Jaques & Hudson, for respondent.

CANTY, J.

In an action to recover an indebtedness due from defendant to plaintiff, garnishment proceedings were instituted against said garnishee. The garnishee disclosed that it was indebted to defendant in the sum of $437.50 by reason of the fact that it had insured plaintiff against loss by fire on household goods, that there was a loss by fire, and the parties had adjusted the garnishee's liability for such loss at that sum. The insurance policy was introduced, and made a part of the disclosure, and gives a description of the property so insured, as follows: "Household and kitchen furniture, useful and ornamental carpets, beds, bedding, linen, family wearing apparel and materials for same, trunks, traveling bags, umbrellas, canes, parasols, plate and plated ware, crockery and glassware, book cases, printed books, magazines, periodicals, works of art, music, mirrors, photographs, pictures, paintings, engravings, drawings and their frames (at not exceeding cost), bric-a-brac, articles of virtu, sewing machines, musical instruments, clocks, watches, and jewelry (in use), statuary, casts, optical instruments, tools and implements, firearms, fishing tackle, scientific apparatus and sporting goods, family stores and supplies, and other articles not more hazardous, while contained in the one-story frame building and additions thereto, situate," etc. Thereupon defendant moved that the garnishee be discharged on the ground that the money so disclosed as due him from said garnishee is exempt from execution, and that he claims such exemption. In support of the motion he filed his affidavit, in which he states: "This affiant suffered the loss by fire of his house, household goods, wearing apparel, etc. That at the time of said fire this affiant was insured * * * in the above-named garnishee upon the said household goods and family wearing apparel in the sum of $500. * * * That the money so to be paid by said insurance company to affiant is claimed by this affiant * * * as the property of this affiant exempt from execution, attachment, garnishment or other process issued from any court in this state." This is all of the affidavit which has any tendency to show that the property insured was exempt at the time of the fire.

Plaintiff filed a counter affidavit, in which it is stated that, at the time of the fire, defendant carried insurance to the...