129 Minn. 66 | Minn. | 1915
Eor several years prior to June, 1909, E. E. Seaman and T. H. Martin, as partners, conducted a general merchandise business at Deer River, Minnesota. On June 1, 1909, they transferred all part
If there had never been any insurance by defendant upon the merchandise in this store at Deer Eiver prior to the issuance of the policy in December, 1909, no question could well have been raised as to the right to recover, notwithstanding the mistake in the name of the insured. At the time this policy in suit issued no one by the name of Seaman & Martin was in existence. The partnership bearing that name had been dissolved six months previous. The general rule with reference to contracts is that a misnomer of a party there-' to does not affect its validity, and a party may also contract under
We are well aware that a considerable element in the hazard connected with contracts of fire insurance depends upon the personal integrity of the insured. This is so much so that usually the policy contains provisions that a change in ownership of the property covered without the consent of the insurer cancels the contract. It is therefore to be regarded as of vital importance in fire insurance that the insurance company be not misled into contracting with one not of its choosing, and that when it insures one party another may not come and claim that he was the one intended. But, nevertheless, an error of no consequence in the name of the insured should not defeat a contract of insurance. And it should be permissible to show by parol the party intended when there is ambiguity in the designation or name of the insured. Especially ought this to be so when
The contention of plaintiff that even if the policy should be construed as insuring Seaman & Martin, partners, a prima facie case was made out, we do not sustain. No claim of loss was made by Seaman & Martin as a partnership, nor does plaintiff claim, eithei by pleading or proof, a cause of action derived from a partnership.
As the evidence stood when plaintiff rested we think defendant was not entitled to a dismissal. It is not to be presumed that defendant accepted premiums and issued its policy with the intent not to assume obligations towards the owner of the property. The name of the insured in the policy is very similar to that of the owner of the property. It is not the name of any other existing person, firm or corporation. Unless the corporation owner has in some way estopped itself from asserting that the policy was issued to it there should be a recovery.
The order denying a new trial is reversed.