The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-11-14
CANT ASSESS THEM
Minneapolis Fire and Marine Mutual
Policy Holders Win in Su-
preme Court.
Armory Bonds Issued by the City
Of st. Paul Are Declared
~ Illegal.

Certain policyholders in the Minneapolis
Fire and Marine Mutual Insurance COM
pany are not liable for an assessment as
stockholders. This is determined by the
supreme court in a decision handed down
this morning. The action is one brought
against Kramer & Crew by the receivers,
to compel them to pay an assessment.
The lower court is sustained in its rul-
ing on the demurrer, and the court holds
that from the form Of the policy, Its mold
ers were only liable for premiums, ana
not for assessments as stockholders. Inc
syllabus says:
W. S. Dwinnell and John c.. Sweet as receivers
of the Minneapolis Sire and Marine Mutual N
surance company appellant. VS.. Charless T..
Kramer and Charles F. Grew, copartners as
Kramer & Crew respondents.
The insurance policy. which is the basis OF this
action, was in form and substance the standard
form. except that at the end thereof the M"ras
IN accordance with the provisions OF sections Il
As, 40 and so. chapter 49, general insurance
laws of the state of Minnesota. Reference Is
hereby made to said acts and the same together
with the bylaws and the application of the
assured on file with this company are hereby DE- d.
constituting certain provisions of laws, 1895 chap
ter IT'S, relating TO mutual fire insurance com
panies, that the defendants We're not thereby
made liable for assessments for the losses of
the company. Order affirmed.
Armory Bonds, Illegal.
In the st. Paul armory case, the court
holds that the 500, 900 bonds We're Illegally
issued by the city. The law of 1899, limit
ing cities in issuing bonds to per cent
of their assessed valuation. is upheld, and
the special law of 1902. allowing bonds to
be issued in excess Of that limit, does not
supersede the older law. The action
brought by taxpayer to restrain the
city from delivering the bonds Is not de-
cided except on a demurrer, but the
tolyn NV settles the
case. The syllabus says:
John A. Beck. respondent, vs.. City of st. Paul,
Robert A. Smith, Otto Bremen and Louis Betz'
appellants. -,
85l general laws of 1899, imposing restrictions
upon municipalities framing their own charters
an Indebtedness Of per cent OF their assessed ss
Valuations has not been changed by chapter 80
special laws 1902, to allow city to issue bonds
in excess of such specified limit for an armory
Of the national guard
second-The terms Of section TO- chapter s31
indebtedness in excess of the 5 per cent limit
in all cities having 5000 Inhabitants, SO far, as
psope s 1aa and not in
section So, article of the state constitution
authorizing classification OF cities on the basis
general laws 1899, authorizing cities framing
Of their existing floating indebtedness or fol-
water or light facilities in excess OF the PEI
cent limit does not constitute I'LL liesa uie
elimination In favor of such municipalities
against others that have no floating Indebtedness
or have already purchased and paid for water
and light plants.
Order affirmed. Lovely, j.
Must Go to the Jury.
New trials are granted in two damage
cases brought against John F. Evans
which were dismissed by the distric
court on the plaintiffs evidence. The
court holds that the language used. by
Mr. Evans was actiopable, and that the
cases should have gone to a jury. This
syllabus says: ~,
Leny Laury, appellant, vs.. John r. Evans. re
spondeht. :" is ;. - -, >sI>:r~E
Sophie Laury, appellant, VS.. John r. Evans. re
spondent. p, - -. -
1t was alleged in the complaint, in thes
actions among other things, that the defend
ant, in a store of which he was part proprie
tor in the presence Of a large number of PEG
pie, said to, OF, and concerning plaintiffs: "Yo