Kahnweiler v. Phenix Ins. Co. of Brooklyn
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Kansas. This was an action by A. B. Kahnweiler & Bro. against the Phenix Insurance Company of Brooldyn on a policy of insurance. Judgment was rendered in the circuit court for the defendant, and a motion for a new trial was denied. 57 Fed. 562. Plaintiffs bring error.
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In Error to the Circuit Court of the United States for the District of Kansas. This was an action by A. B. Kahnweiler & Bro. against the Phenix Insurance Company of Brooldyn on a policy of insurance. Judgment was rendered in the circuit court for the defendant, and a motion for a new trial was denied. 57 Fed. 562. Plaintiffs bring error. This suit was commenced in the circuit court of the United States for the district of Kansas by the plaintiffs in error, A. B. Kahnweiler & Bro., against the defendant in error, the Phenix Insurance Company of Brooklyn, to recover the amount alleged to be due…
1Opinion of the Court
CALDWELL, Circuit Judge,
after stating the case as above, delivered ike opinion of the court.
At the threshold of this case we are confronted with some questions of pleading and practice. In pleading the performance of a condition precedent under the code system, it is not necessary,, as it was at common law, to state the facts showing such performance, but it is sufficient to state generally “that the parly duly performed all the conditions on his part; and, if such allegations be controverted, the party pleading must establish on the trial the facts showing such performance.” Gen, Stat. Kan.…
2Cases cited13 opinions
- Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
- National Bank v. Insurance Co.Supreme Court of the United States · 1878
- Hamilton v. Liverpool, London & Globe InsuranceSupreme Court of the United States · 1890
- Hamilton v. Home InsuranceSupreme Court of the United States · 1890
- Preston v. RobertsCourt of Appeals of Kentucky · 1877
8 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Independent School District No. 35 v. A. Hedenberg & Co.Supreme Court of Minnesota · 1943
- Philip Schneider Brewing Co. v. American Ice-Mach. Co.Court of Appeals for the Eighth Circuit · 1896
- Terra Industries, Inc. v. Commonwealth Insurance Co. of AmericaDistrict Court, N.D. Iowa · 1997
- Western Assur. Co. of Toronto v. DeckerCourt of Appeals for the Eighth Circuit · 1899
- Taylor v. Modern Woodmen of AmericaWashington Supreme Court · 1906
26 more not listed; retrieve them via the Exa API.