Legal Opinion

North British & Mercantile Ins. v. Rose

Court of Appeals for the Third Circuit

Decided January 4, 1916No. 1998PublishedCited by 6 opinions

In Error to the District Court of the United States for the District oí New Jersey; Win. H. Hunt, Judge. Action by Martin A. Rose against the North British & Mercantile Insurance Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

WOOLLEY, Circuit Judge.

The questions for review arose out of a policy of fire insurance, issued April 19, 1912, by the North British and Mercantile Insurance Company to Martin A. Rose. A portion of the insured property was burned on September 25, 1912. The owner instituted suit on the policy in the Supreme Court of the State of New Jersey by writ tested March 29, 1913. After removal of the cause to the District Court of the United States for the District of New jersey, judgment on verdict was entered for the plaintiff.

[1, 2] The right of the insured to maintain this action is challenged on…

2Cases cited11 opinions

  1. Hastings v. . Westchester Fire Ins. Co.New York Court of Appeals · 1878
  2. Wiggins v. BurkhamSupreme Court of the United States · 1870
  3. Glens Falls Insurance v. PorterSupreme Court of Florida · 1902
  4. Sanford v. Orient InsuranceMassachusetts Supreme Judicial Court · 1899
  5. Westchester Fire Insurance v. CoverdaleSupreme Court of Kansas · 1892

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3Cited by6 opinions

  1. Humphrey v. National Fire Ins. Co. of HartfordTexas Commission of Appeals · 1921
  2. Taylor v. FIREMAN'S FUND INSURANCE COMPANYMississippi Supreme Court · 1974
  3. Mercado E Hijos v. ComminsSupreme Court of the United States · 1944
  4. Northern Assur. Co. v. Del MoralCourt of Appeals for the First Circuit · 1924
  5. George v. Connecticut Fire Ins. Co.Supreme Court of Oklahoma · 1921

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

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