St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-02-14

QUICLEY A WINNER
In His Appeal in Suits Against
the Title Insurance Com
pany.
LOWER COURT REVERSED.
On Plaintiffs Appeal and AZ
f1rmed on Defendants
Appeal.
DECISIONS BY CAVITY
In Which Two Out of Six Are
Reversals--Other De-
cisionS.
DECISIONS BY CANT

Surance and Trust company, two
cases, a cross appeal, in both of which
Quigley wins, the order denying the
defendant company's motion for a new
trial being affirmed and the order de-
nying plaintiffs motion for a new
trial being reversed and a new trial
granted.
On. the 1st day of July, 1885, one
Amelia Kingsley was the owner of
certain city lot in st. Paul, and was
then erecting a building thereon which
was not completed for several months
thereafter. She procured a loan of
$1,000 of PLAINTIFFS intestate, John o.
Quigley, and mortgaged the lot to him
to secure the repayment of the same.
The mortgage is dated on that day,
but was not recorded until Oct. %, 1889.
The business of the defendant corpora
ton is that of insuring titles, and on
Sept. 20, 1889, written application was
made to it by Quigley's agent to in
sure the title of this lot to the eX-
tent of the mortgage interest of Quig-
ley therein. The application was &C
cepted and policy of insurance dated
Oct g. 1889, issued to Quigley accord
ingly.
Thereafter Quigley foreclosed the
mortgage and bid the lot in at the
FORECLOSURE SALE,
the time to redeem expired on Feb.
rs 1892. No redemption was made and
Ouigley became the owner of the lot.
Between Oct 10, 1889, and April 10,
1890, work of the value of $95 was per-
formed for Mrs. Kingsley on the build
ing, as a part of the erection of the
same, a mechanics lien was filed there
for, suit was brought to foreclose the
same, in which Quigley was made
party, and judgment of foreclosure was
entered, adjudging the mechanic lien
paramount to the lien of the mort
gage. The lot was sold to satisfy the
Judgment, and the time to redeem from
that sale expired on Aug. Is, 1892, and
no redemption was made. This d1-
vested the title Of Quigley which he
had acquired under his foreclosure
sale nearly six months before. The
complaint in this action alleges that
Ouigley was a resident of New York,
and that neither he nor these plalntlffS
had any notice of the entry of the
Judgment nor of the sale under it I'M
The action is brought to recover from
defendant as damage the value OF the
lot. VIII ich is alleged to be $1,000, on
the ground that it was the duty OF the
defendant to indemnify from this me
chanic's lien, and that defendant was
negligent in failing to satisfy the llen.l
The case was tried by the court be-
low without a jury, judgment was
ordered for plaintiffs for 5000 and IN
terest, and each parity made mo-
! ton for new trial and appeals from
an order denying such motion The
title and syllabus follow:
I.ucien G. Quigley ct al, respondents,
VS.. st. Paul Title Insurance and
Trust Company, appellant; Luc1en u.
Ouigley ct al, appellants.vs. st. Faul
Title Insurance and Trust Company,
respondent. Affirmed on defendants
apreal. Reversed on plaintiffs APP
peal. CAM l. d.
SYLLABUS = The principle laid down
in Wilson VS.. Insurance Company, 81
| Mimi, 112, and other cases, that when
an insurance policy contains cohd1-
! ton which renders it void at it's 1ncep-
| ton and this is known to the insurer
| when he issues the policy, he thereby
| valves the condition, applied to pol
| icy of title insurance.
| The insurer agreed to indemnify,
save harmless and insure the insured
mortgage against loss not exceeding
| 81. 200. by reason of membranes on
the mortgaged premises and defects in
the title to the same, and further
agreed in case of suit to defend the
IN l,a of
| gagor. or pay the claim on which suit
| is brought, or pay the insured the
amount of the liability under the pol
| lev: the insurer undertook the defense
of such a suit and assumed to save the
insured mortgage harmless, but loss
occurred by reason of the negligence
of the insurer.
Held under the provisions of the
policy, which are more fully set out in
the opinion, the amount of recovery
for loss caused by such negligence is
not limited to $1,000.
DECISION CONCLUSIVE.
Jeanne Abbott ct al, appellants, VS..
The Anheuser-Busch Brewing Asso-
citation, respondent. Order affirmed.
CAVITY, J.
misunderstanding an appeal in an ac-
ton, the parties stipulated that certain
rights then in controversy between them
| should be determined by the decision
! of certain question by the supreme
court on that appeal, and the opinion
| on such decision afterward given pur-
| ported to decide that question. After
| such decision another action was
| brought to determine those rights, and
| on the trial said stipulation and said
! opinion were given in evidence by the
| agreement Of the parties.
| Held, the parties, by their stipula ton
| and agreement, made said decision of
| said question conclusive in such trial,
| even though it was not a material
| question on said appeal.
EVIDENCE INSUFFICIENT
| The Washington Slate Company, ap-
| pellant, VS.. A. c. Burdick ct al, re-
spondents Order reversed.
CAVITY, J.
| Syllabus-Rule applied that the Civ
| ing and accepting of the note of the
| debtor for an antecedent debt is pre-
sumed to be conditional and not an
| absolute payment of the debt.
| In an action by creditor against
| the surety to recover the amount of the
| debt, in order to establish the defense
| that the creditor, by agreement with
| the principal debtor, extended the time
| of payment, so as to release the sure
| ty, the burden is on the surety to
| plead and prove that such extension
was given without his consent.
| The evidence held not sufficient to
show that before giving such extern
| sion the creditor had notice or knowl-
| edge that one of two joint debtors had
| become principal, and the other had be-
/! come mere surety.
| CANNOT BE VARIED.
| George Clarke, respondent, VS.. Selanaa
| M. Patrick ct al, defendants; John
| J. Watson, appellant.
| Judgment affirmed.
CA..rY, !.
| Syllabus-Held, the legal effect OF a
| blank Endorsement of a promissory note