McElroy v. British America Assur. Co. of Toronto
Court of Appeals for the Ninth Circuit
In Error to tbe Circuit Court of the United States for the Northern Division of the District of Washington. TMs action was brought hy James F. McElroy, plaintiff in error, in the superior court of the state of Washington, to recover $2,169.30 and interest, alleged to he due upon a policy of lire insurance issued to Mrs. J. 0. Powers, plaintiff’s assignor, by the defendant in error.
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In Error to tbe Circuit Court of the United States for the Northern Division of the District of Washington. TMs action was brought hy James F. McElroy, plaintiff in error, in the superior court of the state of Washington, to recover $2,169.30 and interest, alleged to he due upon a policy of lire insurance issued to Mrs. J. 0. Powers, plaintiff’s assignor, by the defendant in error. Upon the petition of defendant, the case was removed to the circuit court of the United States for the district of Washington, where it was tried "before a jury- At tlie close of the testimony, ilie court, at the…
1Opinion of the CourtMorrow, Circuit Judge
There is but one assignment of error, namely, that the court below erred in granting the motion of the defendant company to give a peremptory instruction to the jury to find a verdict for the defendant, and in giving such peremptory instruction,- and the single question presented is whether or not the plaintiff in error had the right to have his case submitted to the jury. It is contended on the part of the defendant, as matter of law, that the policy is void, for the reason that it in express terms provides that, if a chattel mortgage exists on the property, or if insurance shall be obtained…
2Cases cited31 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Fire Ins. Assn., Ltd. v. WickhamSupreme Court of the United States · 1891
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3Cited by44 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- American Trust Co. v. Life InsuranceSupreme Court of North Carolina · 1917
- Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
- National Life Insurance v. GradySupreme Court of North Carolina · 1923
- Golden Gate Motor Transport Co. v. Great American Indemnity Co.California Supreme Court · 1936
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