Kentucky Vermillion Mining & Concentrating Co. v. Norwich Union Fire Ins. Soc.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Eastern Division of the Eastern District of Washington. This is an action upon a fire insurance policy to recover for a loss alleged to have been sustained thereunder.
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In Error to the Circuit Court of the United States for the Eastern Division of the Eastern District of Washington. This is an action upon a fire insurance policy to recover for a loss alleged to have been sustained thereunder. The amended complaint, upon which the case was tried, shows that plaintiff, a corporation of the state of Washington, owned certain buildings and machinery situated therein (a concentrating plant) within the state of Montana; that upon May 1, 1902, defendant issued a policy of insurance in the sum of $5,000 against loss by fire thereon, which policy it is alleged was…
1Opinion of the CourtHawley, District Judge
■ Did the court err in refusing to allow parol evidence to- be admitted to explain the meaning of the term “watchman’s clause”?. Plaintiff in error does not claim that evidence of a usage or custom may be received to control or vary the positive stipulations of a written contract, or to contradict them, but its contention is that the phrase “watchman’s clause” is a trade term, which has a well-defined- and understood meaning by custom and usage in the insurance business, and that the courts in construing the policy must ascertain the meaning of that term in the insurance business in order to.…
2Cases cited31 opinions
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- Imperial Fire Insurance v. Coos CountySupreme Court of the United States · 1894
- Barnard v. KelloggSupreme Court of the United States · 1871
- Brady v. North Western InsuranceMichigan Supreme Court · 1863
- Hartford Fire Insurance v. WalshIllinois Supreme Court · 1870
26 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Maryland Casualty Co. v. Boise Street Car Co.Idaho Supreme Court · 1932
- World Insurance Co. v. PerryCourt of Appeals of Maryland · 1956
- Home Ins. Co. of New York v. ScottCourt of Appeals for the Sixth Circuit · 1930
- Capital Fire Insurance v. ShearwoodSupreme Court of Arkansas · 1908
- Neil Bros. Grain Co. v. Hartford Fire Ins. Co.Court of Appeals for the Ninth Circuit · 1924
11 more not listed; retrieve them via the Exa API.