Morley v. Liverpool & London & Globe Insurance

Supreme Court of Minnesota

Morley v. Liverpool & London & Globe Insurance

79 N.W. 103, 76 Minn. 285, 1899 Minn. LEXIS 586

CourtSupreme Court of Minnesota

DecidedMay 17, 1899

DocketNos. 11,597—(142)

StatusPublished

This text of 79 N.W. 103 (Morley v. Liverpool & London & Globe Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Morley v. Liverpool & London & Globe Insurance, 79 N.W. 103, 76 Minn. 285, 1899 Minn. LEXIS 586 (Mich. 1899).

Pincite

Opinion

MITCHELL, J.

We do not discover any defect in the complaint or any merit in the demurrer to its sufficiency. We think it plainly appears from the face of the complaint that the assignment by the insured to the plaintiff was made after the loss. The complaint alleges the total loss and destruction by fire of the property covered by the policy. [286]*286All that was left was the right of action on the policy for the amount of the loss. Under such circumstances, an allegation that “thereafter * *. * the said C. M. Hill Lumber Company [the insured] duly transferred and assigned all its interest in said policy of insurance to the plaintiff” sufficiently alleges an assignment of the claim or debt due under the policy.

Order affirmed.

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MITCHELL, J.

We do not discover any defect in the complaint or any merit in the demurrer to its sufficiency. We think it plainly appears from the face of the complaint that the assignment by the insured to the plaintiff was made after the loss. The complaint alleges the total loss and destruction by fire of the property covered by the policy. [286]*286All that was left was the right of action on the policy for the amount of the loss. Under such circumstances, an allegation that “thereafter * *. * the said C. M. Hill Lumber Company [the insured] duly transferred and assigned all its interest in said policy of insurance to the plaintiff” sufficiently alleges an assignment of the claim or debt due under the policy.

Order affirmed.

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Bluebook (online)

79 N.W. 103, 76 Minn. 285, 1899 Minn. LEXIS 586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morley-v-liverpool-london-globe-insurance-minn-1899.