Legal Opinion

Schaeffer Piano Mfg. Co. v. National Fire Extinguisher Co.

Court of Appeals for the Seventh Circuit

Decided August 11, 1906No. Nos. 1,257, 1,258PublishedCited by 6 opinions

In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. The writ of error No. 1,257 is prosecuted by Schaeffer Piano Manufacturing Company, as the defendant below, in an action of assumpsit, brought by National Fire Extinguisher Company, as plaintiff, upon express contract, to recover the value of its property destroyed by fire, while engaged in equipping the defendant’s plant with a fire extinguishing apparatus.

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In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. The writ of error No. 1,257 is prosecuted by Schaeffer Piano Manufacturing Company, as the defendant below, in an action of assumpsit, brought by National Fire Extinguisher Company, as plaintiff, upon express contract, to recover the value of its property destroyed by fire, while engaged in equipping the defendant’s plant with a fire extinguishing apparatus. Judgment was entered upon findings of a referee, adopted by the court with modifications disallowing certain amounts, and…

1Opinion of the CourtSeaman, Circuit Judge

■ The plaintiff in'error in the original suit, who was the defendant below, is designated- in-this-opinion as the “Piano Company/’ while the plantiff below is-referred to-as the “Sprinkler Company.” As each prosecutes a writ of error, their contentions under one and the other writ are respectively so considered.

I. On the W.rit,of the Piano Company.

Upon the finding of facts the sprinkler company recovered judgment for $1,685.9.8, as damages caused by fire and recoverable against the piano company under a clause of the contract between them for a sprinkler equipment.- Reversal is sought by the…

2Cases cited9 opinions

  1. Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
  2. Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
  3. Tompkins v. . DudleyNew York Court of Appeals · 1862
  4. Dermott v. JonesSupreme Court of the United States · 1860
  5. Crane Elevator Co. v. ClarkCourt of Appeals for the Seventh Circuit · 1897

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

3Cited by6 opinions

  1. Heinz v. National Bank of CommerceCourt of Appeals for the Eighth Circuit · 1916
  2. Baker v. J. W. McMurry Contracting Co.Supreme Court of Missouri · 1920
  3. Caldwell v. Guardian Trust Co.Court of Appeals for the Eighth Circuit · 1928
  4. Brookings Lumber & Box Co. v. Manufacturers' Automatic Sprinkler Co.California Supreme Court · 1916
  5. Duluth St. Ry. Co. v. SpeaksCourt of Appeals for the Eighth Circuit · 1913

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

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