Marine Ins. v. St. Louis, I. M. & S. Ry. Co.
U.S. Circuit Court for the District of Eastern Arkansas
At Law. Action for damages. This suit was brought to recover the value of certain cotton destroyed by fire in the city of Little Rook on the 14th day of November, 1887. The plaintiff, Marino Insurance Company, a corporation created by the laws of Great Britain, brought the suit against the defendant, the St. Louis, Iron Mountain & Southern Railway Company, a corporation created- by the laws of this state, and alleged that prior to the 20th day of September, 1887, the Union…
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At Law. Action for damages. This suit was brought to recover the value of certain cotton destroyed by fire in the city of Little Rook on the 14th day of November, 1887. The plaintiff, Marino Insurance Company, a corporation created by the laws of Great Britain, brought the suit against the defendant, the St. Louis, Iron Mountain & Southern Railway Company, a corporation created- by the laws of this state, and alleged that prior to the 20th day of September, 1887, the Union Compress Company was engaged in compressing cotton bales for transportation; that its compress was located in Argenta,…
1Opinion of the Court
Caldwell, J.,
(after stating the facts as above.) Our statute requires that “ every action, must be prosecuted in the name of the real party in interest.” Mansf. Dig. § 4933. It-also provides that, “where the assignment of a thing in action is not authorized by statute, the assignor must be a party, as plaintiff or defeirdant.” Section 4934., The latter section has no application to the present case. The complaint does not allege any assignment. The right of the insurance company that has paid a loss to recover of the wrong-doer, after payment of the loss, does hot depend upon-contract,…
2Cases cited33 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Memphis & Little Rock Railroad v. DowSupreme Court of the United States · 1887
- Callanan v. . GilmanNew York Court of Appeals · 1887
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
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3Cited by28 opinions
- Travelers' Ins. Co. v. Great Lakes Engineering Works Co.Court of Appeals for the Sixth Circuit · 1911
- Kansas City, M. & O. Ry. Co. v. ShuttSupreme Court of Oklahoma · 1909
- American Fidelity & Casualty Co., Inc. v. All American Bus Lines, IncCourt of Appeals for the Tenth Circuit · 1950
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Home InsuranceIndiana Supreme Court · 1915
- Norwich Union Fire Ins. Soc. v. Standard Oil Co.Court of Appeals for the Eighth Circuit · 1894
23 more not listed; retrieve them via the Exa API.