Lozano v. Palatine Ins. Co.
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Southern District of Florida. This was an action at law by Lozano and others, constituting the firm of Lozano, Pendas & Co., against the Palatine Insurance Company, Limited, of Manchester, England, to recover upon two policies of fire insurance. The case was heard below upon demurrer to a plea in bar, and under a stipulation for final judgment on the decision thereof.
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In Error to the Circuit Court of the United States for the Southern District of Florida. This was an action at law by Lozano and others, constituting the firm of Lozano, Pendas & Co., against the Palatine Insurance Company, Limited, of Manchester, England, to recover upon two policies of fire insurance. The case was heard below upon demurrer to a plea in bar, and under a stipulation for final judgment on the decision thereof. The court overruled the demurrer, and entered judgment for defendant pursuant to the stipulation. Plaintiffs thereupon sued out this writ of error.
1Opinion of the Court
PARDEE, Circuit Judge.
This is a suit to recover on two fire' insurance policies,1 copies of which were filed with the declaration.’ The defendant insurance company filed a plea as follows:
“Now comes the defendant, by its attorneys, and for' plea to file declaration, herein says: ‘The only contracts or agreements' between'.the plaintiffs'and • de^’ fendant are evidenced by the two instruments in writing called policies, filed with *279the declaration. In and by said contracts under which the plaintiffs claim as aforesaid the plaintiff agreed that said contracts should become null and void iu the…
2Cases cited2 opinions
- Imperial Fire Insurance v. Coos CountySupreme Court of the United States · 1894
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
3Cited by3 opinions
- Coggins v. . Insurance Co.Supreme Court of North Carolina · 1907
- Employers' Liability Assur. Corp. v. WassonCourt of Appeals for the Eighth Circuit · 1935
- Fischer v. London & L. Fire Ins.U.S. Circuit Court for the District of Kentucky · 1897