St. Paul daily globe., 1891-05-06
ONE REVERSAL.
The Remainder of Decisions by
the Supreme Court Are Affir ma

The Remainder of Decisions by
the Supreme Court Are Affirma-
tions.
John Moriarity. respondent against Peter
McDevitt appellant. Order affirmed.
COLLINS, j.
Syllabus-A verdict is not sufficiently
certain when it cannot be made certain
by reference to the record. In the COM
plant herein cause of action arising
on contract was set forth, and pay
ment of $25 thereon admitted. The
answer alleged the contract made to
have been of an entirely different char
acter, denied the payment, and con-
tanned two counter claims, one being
loan of S25 to plaintiff. This
loan was put in issue by the reply,
and there was nothing in the record to
indicate that the payment admitted by
the plaintiff and alleged by the defend
ant were the same transaction. The
verdict was as follows: "We, the jury
in the above entitled action. find YER
dict in favor of the plaintiff, involving
the payment of S25 now in his posses
sion." and on this verdict judgment was
entered against the plaintiff. Held,
that the verdict was too uncertain to
sustain judgment.
Oidl OIuNCS, ISSlOuQcuU, Vs. lAc aL16TlCdu
Live Stock Company, appellant. Order re-
versed. COLLINS j.
mitchell. j., took no part.]
SyllabuS-1. A mortgagor's right to
recover in his own name upon an insur-
ance policy in which the loss, if any,
is made payable to the mortgagee as his
interest may appear, depends upon his
having paid the debt, or having in some
other proper manner satisfied and dis
oh ~
he might recover by alleging in his COM
plant and showing upon the trial that
the mortgagee had consented to and
authorized a recovery by him.
2. When an action is brought upon
such policy by the mortgagOr against
the insurance company, the mOrtga gee
and another person to whom it is alleged
in the complaint the mortgagee has sold
and assigned the debt and the mortgage,
it also being alleged in the complaint
that the debt has been paid and the in
cumbrance satisfied, this court cannot
presume against the insurer, who alone
answered, so far as is shown by the
record, that the mortgage and his al
legged successor In interest were served
with the summons and were in default
for want of answer wien the case was
tried below
3. When the parties rested their case,
defendant having offered no testimony,
the court instructed and the jury re-
turned a verdict for plaintiff. Held,
upon an examination of the testimony,
as to the alleged sale and payment of
the debt and assignment and satisfac-
tion OF the mortgage, that the instruction
OF the court was not justified.
State Of Minnesota ex rel. John Prebyl, re-
spOndent, VS.. Patrick Flaherty ct al, ap-
pellants. Order affirmed. COLLINS, j.
Mitchell, j.. took no part
Syllabus-Under the provisions of 6.
). 1873, chap. b. par. 6l, relating to ap-
peals to justices of the peace from the
decision of town supervisors or county
commissioners in respect to highways
and railways, justice is authorized
to enter judgment for costs of the ap-
peal in favor of the prevailing party.
Fred Fl. Ayers, appellant, VS.. The Minneapo-
lis, st. Paul d Sault Ste. Marie Railway
Company, respondent. Order affirmed
COLLINS, j.
Syllabus-Held, upon an examination
of the record in this case, that we are
not satisfied that q prepo nderance of
the evidence was so NANTES tly and pal
pably in favor of the verdict as to Justify
this court in reversing an order of the
lower court setting aside verdict.
The supreme court heard the follow
ing cases yesterday:
Nicholas j. Reilly, respondent VS.. Amos
K. Sardesen, intervenor, appellant. Argued
and submitted.
j. j. Hillestad ct al, appellants, VS.. NJ. V.
Hostetter ct al, respondents. Submitted on
briefs.
Wisconsin Red Pressed Brick Company,
respondent, VS.. st. Peter Street improvement
Company, appellant. Argued and submitted.