construction rule in Minnesota

1995Anstine has been expressly overruled by Farmington Plumbing & Heating Co. v. Fischer Sand and Aggregate, Inc. to the extent that it rejected the strict construction rule for indemnity agreements. 281 N.W.2d 838 , 840 n. 4 (Minn.1979). .

1981The strict construction rule for interpreting indemnity agreements was adopted in Farmington Plumbing & Heating Co. v. Fischer Sand & Aggregate, Inc., 281 N.W.2d 838 (Minn.1979): Indemnity agreements are to be strictly construed when the indemnitee * * * seeks to be indemnified for its own negligence.

2008Azure, 621 N.W.2d at 723 .

1987In McBride, 310 N.W.2d 558 , for example, the court held that the sheriff of the county where the defendant had lived at sometime in the past was the “proper officer” under Rule 3.01 if the plaintiff had a reasonable belief that the defendant still lived there at the time process was forwarded to the sheriff.

1982The propriety of plea discussions and plea agreements is well recognized, see, e.g., Santobello v. New York, 404 U.S. 257, 260 , 92 S.Ct. 495, 497 , 30 L.Ed.2d 427 (1971), and Blackledge v. Allison, 431 U.S. 63, 71 , 97 S.Ct. 1621, 1627 , 52 L.Ed.2d 136 (1977).

1982The propriety of plea discussions and plea agreements is well recognized, see, e.g., Santobello v. New York, 404 U.S. 257, 260 , 92 S.Ct. 495, 497 , 30 L.Ed.2d 427 (1971), and Blackledge v. Allison, 431 U.S. 63, 71 , 97 S.Ct. 1621, 1627 , 52 L.Ed.2d 136 (1977).

1982The propriety of plea discussions and plea agreements is well recognized, see, e.g., Santobello v. New York, 404 U.S. 257, 260 , 92 S.Ct. 495, 497 , 30 L.Ed.2d 427 (1971), and Blackledge v. Allison, 431 U.S. 63, 71 , 97 S.Ct. 1621, 1627 , 52 L.Ed.2d 136 (1977).

1982The propriety of plea discussions and plea agreements is well recognized, see, e.g., Santobello v. New York, 404 U.S. 257, 260 , 92 S.Ct. 495, 497 , 30 L.Ed.2d 427 (1971), and Blackledge v. Allison, 431 U.S. 63, 71 , 97 S.Ct. 1621, 1627 , 52 L.Ed.2d 136 (1977).

1979To the extent that prior cases, such as Anstine v. Lake Darling Ranch, 305 Minn. 243 , 233 N.W.2d 723 (1975); Jacobson v. Rauenhorst Corp., 301 Minn. 202 , 221 N.W.2d 703 (1974); and Christy v. Menasha Corp., 297 Minn. 334 , 211 N.W.2d 773 (1973), rejected the strict construction rule for' indemnity agreements, they are inconsistent with the policies expressed in Tolbert v. Gerber Industries, Inc., supra, and Hendricksen v. Minnesota Power and Light Co., supra, and are hereby overruled.

1979To the extent that prior cases, such as Anstine v. Lake Darling Ranch, 305 Minn. 243 , 233 N.W.2d 723 (1975); Jacobson v. Rauenhorst Corp., 301 Minn. 202 , 221 N.W.2d 703 (1974); and Christy v. Menasha Corp., 297 Minn. 334 , 211 N.W.2d 773 (1973), rejected the strict construction rule for' indemnity agreements, they are inconsistent with the policies expressed in Tolbert v. Gerber Industries, Inc., supra, and Hendricksen v. Minnesota Power and Light Co., supra, and are hereby overruled.

1979To the extent that prior cases, such as Anstine v. Lake Darling Ranch, 305 Minn. 243 , 233 N.W.2d 723 (1975); Jacobson v. Rauenhorst Corp., 301 Minn. 202 , 221 N.W.2d 703 (1974); and Christy v. Menasha Corp., 297 Minn. 334 , 211 N.W.2d 773 (1973), rejected the strict construction rule for' indemnity agreements, they are inconsistent with the policies expressed in Tolbert v. Gerber Industries, Inc., supra, and Hendricksen v. Minnesota Power and Light Co., supra, and are hereby overruled.

1979To the extent that prior cases, such as Anstine v. Lake Darling Ranch, 305 Minn. 243 , 233 N.W.2d 723 (1975); Jacobson v. Rauenhorst Corp., 301 Minn. 202 , 221 N.W.2d 703 (1974); and Christy v. Menasha Corp., 297 Minn. 334 , 211 N.W.2d 773 (1973), rejected the strict construction rule for' indemnity agreements, they are inconsistent with the policies expressed in Tolbert v. Gerber Industries, Inc., supra, and Hendricksen v. Minnesota Power and Light Co., supra, and are hereby overruled.

1979To the extent that prior cases, such as Anstine v. Lake Darling Ranch, 305 Minn. 243 , 233 N.W.2d 723 (1975); Jacobson v. Rauenhorst Corp., 301 Minn. 202 , 221 N.W.2d 703 (1974); and Christy v. Menasha Corp., 297 Minn. 334 , 211 N.W.2d 773 (1973), rejected the strict construction rule for' indemnity agreements, they are inconsistent with the policies expressed in Tolbert v. Gerber Industries, Inc., supra, and Hendricksen v. Minnesota Power and Light Co., supra, and are hereby overruled.

1979To the extent that prior cases, such as Anstine v. Lake Darling Ranch, 305 Minn. 243 , 233 N.W.2d 723 (1975); Jacobson v. Rauenhorst Corp., 301 Minn. 202 , 221 N.W.2d 703 (1974); and Christy v. Menasha Corp., 297 Minn. 334 , 211 N.W.2d 773 (1973), rejected the strict construction rule for' indemnity agreements, they are inconsistent with the policies expressed in Tolbert v. Gerber Industries, Inc., supra, and Hendricksen v. Minnesota Power and Light Co., supra, and are hereby overruled.

1979To the extent that prior cases, such as Anstine v. Lake Darling Ranch, 305 Minn. 243 , 233 N.W.2d 723 (1975); Jacobson v. Rauenhorst Corp., 301 Minn. 202 , 221 N.W.2d 703 (1974); and Christy v. Menasha Corp., 297 Minn. 334 , 211 N.W.2d 773 (1973), rejected the strict construction rule for' indemnity agreements, they are inconsistent with the policies expressed in Tolbert v. Gerber Industries, Inc., supra, and Hendricksen v. Minnesota Power and Light Co., supra, and are hereby overruled.

1967Such a construction of the rule seems sensible to us, and we are satisfied that the method of service thus allowed is one reasonably calculated to bring actual notice of the action to defendant’s attention. 3 Affirmed. 1 Rule 4.03 (a) provides that service may be made: “Upon an individual by delivering a copy to him personally or by leaving a copy at his usual place of abode with some person of suitable age and discretion then residing therein.” 2 See, Berry hill v. Sepp, 106 Minn. 458, 460 , 119 N. W. 404, 405 , 21 L.

1967Such a construction of the rule seems sensible to us, and we are satisfied that the method of service thus allowed is one reasonably calculated to bring actual notice of the action to defendant’s attention. 3 Affirmed. 1 Rule 4.03 (a) provides that service may be made: “Upon an individual by delivering a copy to him personally or by leaving a copy at his usual place of abode with some person of suitable age and discretion then residing therein.” 2 See, Berry hill v. Sepp, 106 Minn. 458, 460 , 119 N. W. 404, 405 , 21 L.

1914Mortgage Co. 47 Minn. 31 , 49 N. W. 394 ; Finlayson v. Biebighauser, 51 Minn. 202 , 53 N. W. 362 ; Evans v. Sanford, supra; Doyle v. Wagner, supra. Hnder this doctrine of liberal construction as applied in the cases cited and under the language of the present statute, we hold that the lien of defendant Crookston Lumber Co. was not affected by the failure of the lien statement to set forth for what improvement the materials were supplied.

1914Mortgage Co. 47 Minn. 31 , 49 N. W. 394 ; Finlayson v. Biebighauser, 51 Minn. 202 , 53 N. W. 362 ; Evans v. Sanford, supra; Doyle v. Wagner, supra. Hnder this doctrine of liberal construction as applied in the cases cited and under the language of the present statute, we hold that the lien of defendant Crookston Lumber Co. was not affected by the failure of the lien statement to set forth for what improvement the materials were supplied.

1914Mortgage Co. 47 Minn. 31 , 49 N. W. 394 ; Finlayson v. Biebighauser, 51 Minn. 202 , 53 N. W. 362 ; Evans v. Sanford, supra; Doyle v. Wagner, supra. Hnder this doctrine of liberal construction as applied in the cases cited and under the language of the present statute, we hold that the lien of defendant Crookston Lumber Co. was not affected by the failure of the lien statement to set forth for what improvement the materials were supplied.

1914Mortgage Co. 47 Minn. 31 , 49 N. W. 394 ; Finlayson v. Biebighauser, 51 Minn. 202 , 53 N. W. 362 ; Evans v. Sanford, supra; Doyle v. Wagner, supra. Hnder this doctrine of liberal construction as applied in the cases cited and under the language of the present statute, we hold that the lien of defendant Crookston Lumber Co. was not affected by the failure of the lien statement to set forth for what improvement the materials were supplied.

1914Barker & Stewart Lumber Co. v. Marathon Paper Mills Co. 146 Wis. 12 , 130 N. W. 866 .

1914Barker & Stewart Lumber Co. v. Marathon Paper Mills Co. 146 Wis. 12 , 130 N. W. 866 .

1885Talcott v. Marston, 3 Minn. 238 , (339;) Newell v. Houlton, 22 Minn. 19 ; and cases last cited.