Legal Opinion

Palatine Ins. v. Ewing

Court of Appeals for the Sixth Circuit

Decided March 7, 1899No. 583PublishedCited by 8 opinions

In Error to tie Circuit Court of tie United States for tie Middle District of Tennessee.. Tiis was an action on a policy of fire insurance. There waslt verdict and a judgment for plaintiffs, and defendant brings error. On the 3d day of April, 1895, the plaintiff in error, the Palatine Insurance Company, issued its policy of insurance in the sum of .83,000 to Gersfle Bros., on their stock of merchandise at Pulaski, Term.

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In Error to tie Circuit Court of tie United States for tie Middle District of Tennessee.. Tiis was an action on a policy of fire insurance. There waslt verdict and a judgment for plaintiffs, and defendant brings error. On the 3d day of April, 1895, the plaintiff in error, the Palatine Insurance Company, issued its policy of insurance in the sum of .83,000 to Gersfle Bros., on their stock of merchandise at Pulaski, Term. Gerstle Bros., on November 21, 1895, made an assignment, which included tlie insured merchandise, to the defendants in error, Solinsky and Ewing, as lrusto.es for the benefit…

1Opinion of the CourtSeverens, District Judge

The only controversy between the parties raised upon the trial in the circuit court related to the sufficiency of the consent of the insurance company to the additional insurance procured by the trustees on the 23d day of November, 1895, — the day before the fire. And the only question which Ave are required to determine is whether the court committed any error in its rulings upon that subject for which the judgment ought to be reversed. The trial judge was of the opinion that upon the proper construction of the policy and the clauses contained in the rider attached thereto such consent was…

2Cases cited8 opinions

  1. Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
  2. Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
  3. Moulor v. American Life InsuranceSupreme Court of the United States · 1884
  4. National Bank v. Insurance Co.Supreme Court of the United States · 1878
  5. Tiffany v. National Bank of Mo.Supreme Court of the United States · 1874

3 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Teter v. Franklin Fire InsuranceWest Virginia Supreme Court · 1914
  2. American Indemnity Company v. HoodSupreme Court of Arkansas · 1931
  3. Bolte & Jansen v. Equitable Fire Ass'nSouth Dakota Supreme Court · 1909
  4. Metzger v. Ætna InsuranceAppellate Division of the Supreme Court of the State of New York · 1930
  5. New York Life Insurance Company v. ShivleySupreme Court of Arkansas · 1934

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