St. Louis Dressed Beef & Provision Co. v. Maryland Casualty Co.
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT' COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This case was brought here on the following certificate: “The judgment which the writ of error challenges sustained^ a demurrer to the petition and dismissed the action.
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CERTIFICATE FROM THE CIRCUIT' COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This case was brought here on the following certificate: “The judgment which the writ of error challenges sustained^ a demurrer to the petition and dismissed the action. The plaintiff in its petition alleged the existence of these facts: The plaintiff is a corporation of the State of Missouri, and the defendant is a corporation of the State of Maryland. -On June 16, 1900, the defendant in consideration of the payment of $168 issued to the plaintiff a policy which contained these provisions: ‘In consideration of the…
1Opinion of the CourtJustice Holmes
An elementary remark or two will dp something toward answering these questions. The form of the declaration does not appear, but we may suppose a count upon the Casualty Company’s refusal fb defend the suit against the plaintiff. If the defendant’s contention is right, that breach made it impossible for the plaintiff to entitle itself to the payment promised in the policy according to its terms. But the defendant could not set itself free by so simple a device. In general, when one party by his fault prevents the other party to a contract from entitling himself to a benefit under it according…
2Cases cited1 opinion
- Hinckley v. Pittsburgh Bessemer Steel Co.Supreme Court of the United States · 1887
3Cited by151 opinions
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- Griggs v. BertramSupreme Court of New Jersey · 1982
- Evanston Insurance Co. v. ATOFINA Petrochemicals, Inc.Texas Supreme Court · 2008
- Auto Mutual Indemnity Co. v. ShawSupreme Court of Florida · 1938
- Mitchell's, Inc. v. FriedmanTexas Supreme Court · 1957
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