The Saint Paul globe., 1900-06-12

The supreme court yesterday reversed
the lower court in an insurance suit
growing out Of fire at Okabena Jackson
county.
The stock was owned by A. H. Fletcher,
of Illinois, but the store was operated
by his son, c. E. Fletcher. The policy,
to enforce which this action was brought
favor Of Fletcher & Son, the style of the
firm. The son had scratched out the
words, "&s Son." claiming he had in
structed the agent to make it out in ia
vor of A. H. Fletcher, individually He
had also struck out a clause in the pol
icy providing that the assured should be
liable for such assessments as the dlrec>
tors of the insurance company might
levy, not tc exceed a sum equal to the
cash premium and in addition thereto.
The company held that these changes
Volded the policy.
The defense was that no intentional
wrong had been committed, but that
Fletcher had objected from the first to
the assessment clause. 1t was also
claimed that in investigating the cause
of the fire and in sending Fletcher in
structions how to make out his proofs
of loss, the company waived its right to
object to the alterations in the policy, as
the agent had noted the alterations be-
fore the investigation was made.
The syllabi Of the decisions were
A. H. Fletcher, respondent, VS.. Mime
apolis Fire and Marine Mutual Insur-
ance Company, appellant.
SyIlabus-After its execution and deliv-
cry an insurance policy was materially
changed by the insul ed, so as to render
it void
Held. That a finding of the trial
court to the effect that the changes were
not made with fraudulent intent is sus-
tanned by the evidence.
g. That the defendant did not ratify
the changed policy and waive it's defense
after notice of the fact, by TAX ng proofs
of loss, and a finding that it did, is not
sustained by the evidence. Order re-
versed. Lewis, J.
Deering Harvesting Company, appellant,
VS. Frank Hamilton ct al, respondents.
A contract provided that defendants
should act as sole agent for plaintiff, in
selling machinery in certain territory, the
machines and fixtures TO be cared for and
stored by defendants. The consideration
for acting as agents in the business was
4 certain profit on sales. The contract
contained provision that it might be ter
minated at any time by plaintiff.
He'd:
/. The plaintiff could not termi-
nate the contract without reasona bic
cause, and, none being sTown, defendant
had lien upon the machinery in their
possession Tor their expenses in caring
for and storing it during the life of the
contract
2. An offer of a specific amount, with a
refusal to accept 1t, the money not beng
produced does not constitute tender. Or
der affirmed Lewis, j.
Eliza Jansen, respondent, VS.. John @.
Crosby, appellant.
An additional consideration to that ex-
pressed in a deed may be shown by parole
evidence, provided such consideration be
consistent with the operation of the deed.
Order affirmed. Lewis, j.
c. H Rossman, respondent, VS.. Lazarus
Tilleny, appellant
In a former action brought by plaintiff
on a contract to recover the stipulated
amount for services rendered, defendant
secured a Judgment upon the ground that
a second action plaintiff sued to recov-
er the reasonable value of the same serv-
ices.
Held, that the judgment in the former
action was not a bar to the latter. Order
affirmed. Lewis, ].
City of Fergus Falls, respondent, VS.. The
Syllabus-The officials of a municipal
corporation, III violation of law, loaned
its money to a private person, taking as
security mortgage upon certain proper
ty. Held:
/ That the city may evoke the powers
of the courts to enforce collection of the
debt by foreclosure proceedings.
2. Purchasers Of the property subse-
quent to the execution Of the mortgage,
but with notice of the mortgage lien, can
not take advantage of the fact that the
act of the city officials was ultra wires.
3. Certain rulings of the court exam
ined and found to contain no error.
4. Evidence examined and found to JUS
tify the conclusion that the city's money
was loaned as stated. Order affirmed
Lewis, ].