The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-05-26
Two CASES REVERSED
AND I'M BOTH THE INSURANCE.
COMPANIES LOSE THE GROUND
GAINED
SUPREME COURT ovERRULEs

SUPREME COURT OVERRULES
| George II. WatsOn's BOndsmen Not
| Liable for Losses of Which They
| Were Not NOtiaed-AmbiguOu
| Contracts of Insurance Hereafter
| to Be Construed ia Favor of tho
| POIicyhOlder.
| Two reversals were recorded in the su-
| preme court out Of a batch of five dect-
sions written by Judges Buck and CAVITY.
Justice CAVITY reversed the decision of
! the trial court in the case Of the Capital
| Fire Insurance company VS.. George H.
| Watson ct al, defendants, Joseph H.
| Haag, appellant. Watson was agent for
| the company. and it was alleged that he
was short In his collections. The COM
pany endeavored to recover from his
bondsmen. The supreme court holds that
| If Watson's conduct was discovered by
the company and he was continued In
its employ without notifying the bonds
men, they are not liable. A new trial is
granted. The syllabus is as follows:
Capital Fire Insurance Company, re-
spondent, VS.. George N. Watson ct AL,
defendants; Joseph Haag. appellant.
| Syllabus: In an action. on. a bond
made by w. to the plaintiff insurance
| company, conditioned for the faithful
performance of his duties as its agent.
| Held, the reports made by him to the
| received by him such agent in the reg
ular course of his business are a part Of
the res gestae, and are admissible in evil
! dence against his Suretfes.
| q Held. on the jSSIlaS tried tho owl
dence Is conclusively In favor of the YER
diet ordered for plaintiff. BY pro
P PGsns the to pa fnaf M for reprs ts
| sented that so far as it knew he was
honest. and that it believed him TO be so:
II prior thereto, 1t knew he was dishon-
| est and had wrongfully converted to his
| own use moneys received by him as
| agent of other insurance companies, and
| it failed to disclose these facts to the
sureties on the bond, who were ignor-
ant thereof. it was guilty of fraud
| which avoids the liability of the sure les.
| A. The employment of w. as agent of
plaintiff was during the pleasure of both
parties.
| Held if plaintiff subsequently discover
| ed that w was dishonest in the course
of his service as its agent and after such
discovery it continued him in it's service
| without notifying the sureties of what
| 1t had discovered, they are not liable for
any losses thereafter arising from his
dishonesty. Order reversed and new
| trial granted.
The court decides a case which con-
strues the insurance code of the state
| to favor the insured as against the in
| surer in cases where the wording is am
| biguous. The, syllabus Is as follows:
J. B. Cook. appellant. VS.. The Benefit
League OF Minnesota, corporation, re-
| Spondent.
L Rule applied that where a contract
| of insurance is ambiguous. 1T will be con-
| strued most strongly against the ms er
and In favor of the insured.
| 2 By reason of having the fingers of
| totally and permanently disabled from
| prosecuting any and every kind of bust
ness pertaining to his occupation" the
| policy provided for indemnity against
loss of time in such case, by the pay
ment OF a certain sum per week, not
| exceeding fifty-two weeks; the policy
rate per week for loss of time caused
| by temporary total disability or by sick
| ness caused by disease; the application
and bylaws provided that Dement'S would
/ be allowed only while the insured was
/ under the care of a physician surgeon,
on in the case of amputation, until they
| healed; held, these provisions did not APP
| ply to such case as this. but only to
cases of temporary total disability and to
cases of sickness from disease, and that
plaintiff is entitled to recover for the
| putatien healed before the end of that
time. Judgment reversed. >l3-Canty, J.
L
| Other decisions handed down were:
Evan B. McCord appellant, VS.. Robert
| ]. KnewltOn ct al, respondents.
/ Syllabus. An order dismissing mo-
ton for a new trial at the time 1t came
on for hearing is, for the purpose of ap-
| peal an order denying a new trial, and
| is appealable.
| q This action was brought in Sher-
burne county, part Of the Seventh judi
| cial district, was tried by Judge of that
| district, but before the case was finally
| submitted and decided that county was
| by the legislature detached from that dis
| trict and formed with other counties in
| to a new district; thereafter the judge
| filed decision and settled case and ex-
| ceptions.
| Held, he had authority thereafter to
| hear a motion for a new trial involving
| the question of the weight or sufficiency
| of the evidence.
Held, further, conceding that the Judge
| of the new district. or another judge ap-
| pointed by the governor to act for him.
| had the power to hear motion for
new trial in the. action it would have
I been an abuse of discretion for him to
| have done So there being no obstacles
in the way Of applying to said judge Of
the Seventh district to hear the motion.
| g. 1t is immaterial that the court be-
! low gave a wrong reason for a correct
| ruling. Order affirmed -Canty, j.
Abraham r. Comstock. plaintiff, appel
| liant, VS.. Ellis V. Comstock ct al, de-
| PENDANTS, appellants; Amanda Com
stock and David G. Comstock ct al, re-
spondents.
| Syllabus(. In an action to reform a
| deed, held, the decision of the court for
| the defendants is sustained by the evil
| dence.
| g. A party to an action or interested in
| the result thereof cannot give evidence
| as to conversations with deceased per-
| son, even though the witness took no
| part in the conversation.
! g. Certain unimportant rulings dispos-
| ed of. Order affirmed. -Canty, J.
| Anna E. I. Won Hemert, respondent VS..
Oscar L. Taylor ct al. Defendants; Os-
car L. Taylor and Nora w. Taylor, ap-
| pellants.
| SyIlabus-Error cannot be presumed but
/ must be made to appear affirmatively.
| 1t does not affirmatively appear that
| the mortgaged premises constitute more
| than one separate and distinct tract or
| PARCEL therefore, 1t does not appear that
| the court erred In ordering the whole,
or so much thereof as may be sufficient
! to satisfy the mortgage debt, sold on
| foreclosure sale as one tract or parcel.
| Judgment affirmed. -Canty, ].
SIT doesn't cost cent"