Legal Opinion

Ruffalo's Trucking Service, Incorporated v. National Ben-Franklin Insurance Company of Pittsburgh, Pennsylvania

Court of Appeals for the Second Circuit

Decided May 8, 1957No. 24250_1PublishedCited by 12 opinions

1Opinion of the Court

WATERMAN, Circuit Judge.

The defendant, National Ben-Franklin Insurance Co., appeals from a judgment in favor of the plaintiff in the amount of $5,348.54, entered upon a jury verdict below. The plaintiff, a common carrier trucking company, had brought an action on a policy of indemnity insurance to recover the value of 35 bags of green coffee lost in the plaintiff’s custody, allegedly from theft by a person or persons unknown. The contract of insurance was made in the State of New York. Our jurisdiction is based upon diversity of citizenship.

From all the evidence the jury could have found the…

2Cases cited14 opinions

  1. Lavender v. KurnSupreme Court of the United States · 1946
  2. Prashker v. United States Guarantee Co.New York Court of Appeals · 1956
  3. Wagman v. American Fidelity & Casualty Co.New York Court of Appeals · 1952
  4. Schindler v. Royal Insurance Co.New York Court of Appeals · 1932
  5. Lavine v. Indemnity Insurance Co. of North AmericaNew York Court of Appeals · 1933

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

3Cited by12 opinions

  1. Green v. Bock Laundry MacHine Co.Supreme Court of the United States · 1989
  2. People v. BaerAppellate Court of Illinois · 1976
  3. Baugher v. Hartford Fire InsuranceSupreme Court of Kansas · 1974
  4. Sonders v. Mezvinsky (In Re Mezvinsky)United States Bankruptcy Court, E.D. Pennsylvania · 2001
  5. Coastal Plains Feeders, Inc., Cross v. Hartford Fire Insurance Co., CrossCourt of Appeals for the Fifth Circuit · 1977

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

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