Manchester Fire Assur. Co. v. Stockton Combined Harvester & Agricultural Works
U.S. Circuit Court for the District of Northern California
In Equity. On demurrers to the bills. Bills by the Manchester Fire Assurance Company against the Stockton Combined Harvester & Agricultural Works, and by 12 other insurance companies against the same defendant. Rev. St. § 723, provides that: “Suits in equity shall not be sustained * * * in any case where a plain, adequate, and complete remedy may be had at law.”
1Opinion of the CourtSawyer, J.
The complainant and 12 other insurance companies had issued policies of insurance upon defendant’s works, machinery, and manufactured implements on hand. The property insured was destroyed by fire, and the value of the property destroyed was alleged by the defendant to be $142,000. An adjustment was finally made between the several companies and the defendant, by which the loss by mutual agreement was adjusted at $90,000. The complainant now files its bill in equity, alleging that this adjustment was procured by misrepresentation of facts, and fraud on the part of defendant, and that…
2Cases cited1 opinion
- Buzard v. HoustonSupreme Court of the United States · 1886
3Cited by7 opinions
- Resure, Inc. v. Superior CourtCalifornia Court of Appeal · 1996
- Bankers Reserve Life Co. v. OmbersonSupreme Court of Minnesota · 1913
- INVESTORS'GUARANTY CORPORATION v. LuikartCourt of Appeals for the Eighth Circuit · 1925
- The FlorenceDistrict Court, N.D. New York · 1898
- Wenzel & Henoch Const. Co. v. Metropolitan Water Dist.District Court, S.D. California · 1937
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