Legal Opinion

People's Bank of Greenville v. Aetna Ins.

Court of Appeals for the Fourth Circuit

Decided May 5, 1896No. 154PublishedCited by 11 opinions

In Error to the Circuit Court of the United States for the District of South Carolina. This was an action at law by the People’s Bank of Greenville, S. C., against the Aetna Insurance Company on a policy of fire insurance.

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In Error to the Circuit Court of the United States for the District of South Carolina. This was an action at law by the People’s Bank of Greenville, S. C., against the Aetna Insurance Company on a policy of fire insurance. The action was brought in a state court of South Carolina, and was removed to the United States circuit court, which thereafter denied a motion to remand. 58 Fed. 161. The trial of the cause in that court resulted in a verdict for plaintiff, and, a motion for a new trial having been denied, judgment was entered on the verdict. Defendant then brought the case on writ of…

1Opinion of the Court

GOFF, Circuit Judge.

Certain questions connected with the matter in controversy in this case have been heretofore considered by this court. At that time the policy in suit was construed, and the law applicable to it and the facts as then presented was announced. With the opinion then filed we are satisfied, and 5+ will now be adhered to. 8 U. S. App. 554, 10 C. C. A. 842, 62 Fed. 222. The cause was then remanded, with directions that a new trial be had. The plaintiff below, with leave of the court, amended its complaint; the aihendment consisting, in substance, of an allegation of the waiver…

2Cases cited5 opinions

  1. Oscanyan v. Arms Co.Supreme Court of the United States · 1881
  2. Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
  3. Pleasants v. FantSupreme Court of the United States · 1875
  4. Franklin Brass Co. v. Phoenix Assur. Co.Court of Appeals for the Fourth Circuit · 1895
  5. Aetna Ins. Co. v. People's Bank of GreenvilleCourt of Appeals for the Fourth Circuit · 1894

3Cited by11 opinions

  1. National Union Fire Insurance v. WrightSupreme Court of Arkansas · 1924
  2. Atchison, T. & S. F. Ry. Co. v. SpencerCourt of Appeals for the Ninth Circuit · 1927
  3. Sloss Iron & Steel Co. v. South Carolina & G. R.Court of Appeals for the Fourth Circuit · 1898
  4. Aetna Insurance Co. v. RobinsonIndiana Supreme Court · 1937
  5. Hodges v. KimballCourt of Appeals for the Fourth Circuit · 1900

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