Holbrook v. St. Paul Fire & Marine Insurance Company
| Decision Date | 10 August 1878 |
| Citation | 25 Minn. 229 |
| Parties | Edward H. Holbrook, Jr., v. St. Paul Fire & Marine Insurance Company |
| Court | Minnesota Supreme Court |
Appeal by defendant from an order of the district court for Ramsey county, Simons, J., presiding, refusing a new trial, the action having been tried by the court without a jury.
Order affirmed.
Bigelow Flandrau & Clark and Harvey Officer, for appellant.
Lochren McNair & Gilfillan, for respondent.
Action on a policy of insurance against loss by fire, issued to "The Minnesota Land Company," for $ 600, upon thirty-six mules, "all contained in the two-story frame barn, (36x100 ft.,) situate (detached) on section No. 19, town No. 140, range No. 43, in Becker county, Minnesota." "Loss, if any, on above, payable to E. H. Holbrook, Jr., as his interest may appear." The Minnesota Land Company appears to be an association which claims to be incorporated by the government of the kingdom of Holland, for the purpose solely of purchasing, clearing and cultivating uncultivated lands in this state, and was in possession of five sections of land lying, three in Becker, and two in Clay county. In cultivating said farm, it was in possession of and using the mules mentioned in the policy. It possessed and used the mules under a contract with Holbrook, by which, in substance, he agreed to advance to it $ 12,000, or so much thereof as it should need, to procure animals, seed and labor, for putting in and harvesting a crop of small grains upon 1,400 acres of said farm, in the year 1876. The company was to execute, and did execute, its notes for the amounts advanced, and, as a part of such advance, Holbrook agreed to and did purchase and turn over to it a lot of mules and cattle, which were to remain the sole property of Holbrook until the notes should be paid; and, when they were paid, the title to the mules was to pass to and vest in the company. The company had the right to plough 1,000 acres with the mules, and if, after the harvest of 1876, and before the notes were paid, it desired to plough a greater amount, it had the right to do so, paying Holbrook for the use of the mules the current rates for the additional ploughing. Holbrook had the right to use them in ploughing for himself or others between the first of June and the fifteenth of July, 1876, he to return them to the company in as good condition as when taken by him; and in case the notes, or any of them, should not be paid at maturity, he might take possession of and sell the mules, or so many thereof as might be necessary, and, after paying expenses of keeping and selling, credit the remainder of the proceeds upon the notes, and, if there should be any surplus still remaining, pay the same to the company.
On the section described in the policy, (one of the five composing the farm,) there was a barn, such as therein described; and when the policy was issued, the mules were stabled in that barn. On another section of the farm, section 13, about two miles distant from the barn, and in the county of Clay, there was a shed. A short time before the fire, the mules were, for the purpose of ploughing and of repairing the barn, taken to section 13 and stabled in the shed, and while there, the loss occurred. There was a condition in the policy, that if "the risk be increased by erection or occupation of neighboring buildings, or by any means whatever within the control of the insured, or if the premises become unoccupied without the consent of the company indorsed hereon," the policy should be void. The court below tried the cause without a jury, and found in favor of plaintiff, and from an order denying a new trial, this appeal is brought.
The defendant makes these points: that the policy is void because the said company is not a corporation; that, for the same reason, it is incapable of owning property in this state,...
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