Cashau v. Northwestern Nat. Ins.
U.S. Circuit Court for the District of Eastern Wisconsin
Tlie Fulton Fire Insurance Company of Few York, insured Simpson. Forwell & Co. against loss or damage by fire, to the amount of 83,000, on a stock of goods in their store in Chicago, for the term of one year from tlie 21st of October. 1870; and the defendant company on the same day re-insured the Fulton Fire Insurance Company in the same amount.
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Tlie Fulton Fire Insurance Company of Few York, insured Simpson. Forwell & Co. against loss or damage by fire, to the amount of 83,000, on a stock of goods in their store in Chicago, for the term of one year from tlie 21st of October. 1870; and the defendant company on the same day re-insured the Fulton Fire Insurance Company in the same amount. Tlie conditions of the policy issued by tlie defendant company were, “That tlie loss he paid immediately after due notice and satisfactory proof of the same, and in no event shall this company he liable for a ■sum greater than such portion hereby…
1Opinion of the Court
MILLER. District Judge.
Tlie motion for a new trial is founded upon three points:
1. The notice and proof were not given in-timo, and are not such as the defendant's policy calls for.
2. They do not purport to be originals, but are copies.
3. The defendant is not liable to pay the whole amount adjusted, but only a pro rata.
Tlie receiver of the Fulton Company, gave-the defendant the copies of the notice and proofs whicli lr* had received from tlie agent in Chicago. The secretary of the defendant *271company acknowledges tlie receipt of the copies without making objections as to tbe time or manner of…
2Cases cited2 opinions
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Carrington v. Commercial Fire & Marine Insurance of Jersey CityThe Superior Court of New York City · 1857
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- American Casualty Co. v. PurcellaCourt of Appeals of Maryland · 1933
- Whalen v. Western Assur. Co. of TorontoCourt of Appeals for the Second Circuit · 1911
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