No. 33,584. | Minn. | Feb 11, 1944
"Every person who shall arrest or attach the dead body of a human being upon a debt or demand, or shall detain or claim to detain it for any debt or demand, or upon any pretended lien or charge, or who, without authority of law, shall obstruct or detain a person engaged in carrying or accompanying the dead body of a *419 human being to a place of burial or cremation, shall be guilty of a misdemeanor."
The Duluth Cemetery Association was brought in as an additional party (improperly designated as an "interpleaded" defendant). On account of the relief sought in the counterclaim, the case was certified to the district court, where there was a verdict for the defendant Larson against both the plaintiff and the "interpleaded" cemetery association. Upon the separate motions of plaintiff and the cemetery association for judgment or a new trial, the court granted judgment notwithstanding the verdict and ordered judgment on plaintiff's cause of action for $121.50 with interest. Judgment was ordered in favor of the cemetery association for its costs and disbursements. Defendant Larson appeals from the judgment.
Larson admitted the plaintiff's claim subject to his counterclaim. The questions presented are whether the court was right in granting judgment notwithstanding the verdict and whether there was evidence of a violation of the statute above quoted. The facts are that, either at the request of his mother or at the direction of his father, Larson took charge of the funeral arrangements for his mother and negotiated with the plaintiff to take charge of her body, conduct the funeral, and arrange with the cemetery association for placing the body in the vault until the following spring, when it should be interred. In order to secure the plaintiff for the payment of the funeral expenses, Larson assigned to plaintiff the proceeds of an insurance policy carried by his mother. After the funeral, at his father's request, Larson got the proceeds of the policy from the insurance company and used them for other purposes than payment to the plaintiff. The funeral was conducted by plaintiff as agreed. The body was taken to the vault of the "interpleaded" cemetery association and there kept until the following spring. Sometime in April the cemetery association advised Larson that interment would have to be arranged for by May 15. About April 12 Larson telephoned the office of the association to make arrangements. Nothing was done at that time, as Mr. Harbison, the superintendent, who was in charge of the office, was out of town; *420 but a few days later Mr. Harbison telephoned Larson and told him that Crawford (the plaintiff) "claims a lien against the casket and that will have to, of course, be satisfied before we can make interment." When Larson protested, Harbison said, "Well, Mr. Crawford phoned out and says that you owe him a balance of one hundred and some dollars and for us to withhold interment." Larson then arranged to purchase a lot in the cemetery and paid $50 down upon the purchase price. He afterwards saw the plaintiff, and, according to Larson's testimony, plaintiff agreed that the balance owing might be paid in installments, and plaintiff instructed the cemetery association to go ahead with the interment. However, when Larson sought to have interment made by the cemetery association and at last arranged for it on June 10, the association refused on that day to go forward with the interment, basing its refusal to do so on instructions from plaintiff. Thereupon Larson arranged with another mortuary and another cemetery association to inter his mother's body elsewhere, he rescinded his purchase of a lot, and instructed the "interpleaded" cemetery association to turn over his mother's remains to the other mortuary. This was promptly accomplished, and no effort was made by either plaintiff or the "interpleaded" cemetery association to detain the body.
Section
Judgment affirmed.