Kerr v. Milwaukee Mechanics' Ins.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District •of Nebraska. The plaintiff in error (plaintiff below) was the owner of a frame, steam-power grain elevator and fixtures of the value of more than $4,000, situate ■on a railroad right of way at Western, Neb., which he had leased to the firm of Rundberg & McCann at a monthly rental, and an agreement on the part of the lessees to keep -the property insured in plaintiff’s name, and for his benefit, against loss…
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In Error to the Circuit Court of the United States for the District •of Nebraska. The plaintiff in error (plaintiff below) was the owner of a frame, steam-power grain elevator and fixtures of the value of more than $4,000, situate ■on a railroad right of way at Western, Neb., which he had leased to the firm of Rundberg & McCann at a monthly rental, and an agreement on the part of the lessees to keep -the property insured in plaintiff’s name, and for his benefit, against loss and damage by fire. In November, 1899, said lessees procured the property to be so insured for and in the name of the…
1Opinion of the CourtLochren, District Judge
1. Defendant was not estopped by its notice to plaintiff, in which it denied liability on the ground that the property described in its policy was not in existence when such policy was delivered, from proving that the policy of the Phenix Insurance Company covering the same property had not been canceled when the property was burned. These matters are so far from being inconsistent that proof of the one almost necessarily proves the other, and no element of an equitable estoppel is even suggested.
2. In this case there is no claim that there was, prior to the execution of the written policy of…
2Cases cited7 opinions
- Hermann v. Niagara Fire InsururanceNew York Court of Appeals · 1885
- Dibble v. Northern Assurance Co.Michigan Supreme Court · 1888
- Hamm Realty Co. v. New Hampshire Fire InsuranceSupreme Court of Minnesota · 1900
- Hartford Fire Insurance v. McKenzieAppellate Court of Illinois · 1897
- London & Lancashire Fire Insurance v. Turnbull & Co.Court of Appeals of Kentucky · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Phenix Ins. v. KerrCourt of Appeals for the Eighth Circuit · 1904
- Cummings v. Conn. Gen. Life Ins. Co.Supreme Court of Vermont · 1930
- Waterloo Lumber Co. v. Des Moines InsuranceSupreme Court of Iowa · 1912
- Bankers Lloyds v. MontgomeryTexas Commission of Appeals · 1933
- The Celina Mutual Casualty Co. v. BaldridgeIndiana Supreme Court · 1937
12 more not listed; retrieve them via the Exa API.