54 Minn. 536 | Minn. | 1893
This case was tried by the court, and judgment ordered for the defendants.
The case must be determined upon the findings of the court. As the evidence is not returned, its sufficiency to support the findings of fact cannot be considered, except as respects the circular below referred to, which is made a part .of the findings, and which is to be considered in connection with certain other facts as found.
It appears from the pleadings and findings that the two policies of insurance which were first issued were so issued and delivered to the
But the action is not based upon the policies referred to, but upon an assessment made upon “duplicate” policies, or rather new policies of the same date, issued to take the place of those originally issued. The premium notes for $195 each were not, however, surrendered, and no new obligations incurred, by the defendants, except those assumed by them in accepting the new policies. It does not appear that the company assumed any new obligations by these policies, but it is found by the court that all the changes were for the benefit of the company. And the only change specifically disclosed by the record appears in the complaint, whereby the liability of the defendants is increased twofold by a provision inserted in the new policies, containing an agreement to pay, in addition to the premium, such assessments as might be made by the directors of the company, not exceeding five times the amount of the annual premium. There was no .new undertaking on behalf of the company, and no surrender of any previous obligations of the defendant, beyond the old policies. The court also finds in substance that the defendants were misled and deceived by the statements and representations of the company, and in reliance thereon were fraudulently induced to surrender the old policies and accept the new ones, without comparing them or reading over the provisions and conditions of the new ones, and that they did not discover or learn of the provision above referred to in the new policies until the assessment here in question was made by the receiver. The repre
In other words, the company, having by its own false and fraudulent representations induced the defendants to surrender the original for the so-called “duplicate” policies, should not now be permitted to enforce the latter.
We are of the opinion that the court was right, and the judgment, should be affirmed.