Fire Ass'n of Philadelphia v. Mechlowitz
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action by Philip Mechlowitz and others against the Eire Association of Philadelphia. Judgment for plaintiffs, and defendant brings error. Plaintiffs below (Mechlowitz) insured goods (woolens, silks, and the like) suitable for making garments, belonging to them and situate in the shop or workroom of a contractor who manufactured clothing for their account.
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In Error to the District Court of the United States for the Southern District of New York. Action by Philip Mechlowitz and others against the Eire Association of Philadelphia. Judgment for plaintiffs, and defendant brings error. Plaintiffs below (Mechlowitz) insured goods (woolens, silks, and the like) suitable for making garments, belonging to them and situate in the shop or workroom of a contractor who manufactured clothing for their account. There were several policies covering this fire risk, but as this suit is a test one we may speak (as have counsel) as if one policy represented the…
1Opinion of the CourtHough, Circuit Judge
(after' stating the facts as above). It is urged that the proceedings at the close of evidence in the court below amounted to a request by both parties for a directed verdict, and therefore the final action of the trial court was a conclusive finding of fact, if there was any evidence tending to support it.
[ 1 ] It is also said that, since the plaintiff in error did not ask to go to the jury on some particular question of fact, the exception taken 'is worthless. There has been considerable difference of opinion over this question of practice, both in the courts of the United States and those…
2Cases cited13 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Beuttell v. MagoneSupreme Court of the United States · 1895
- Beuttell v. MagoneSupreme Court of the United States · 1895
- North Pennsylvania Railroad v. Commercial Bank of ChicagoSupreme Court of the United States · 1887
- Empire State Cattle Co. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1908
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Elzig v. GudwangenCourt of Appeals for the Eighth Circuit · 1937
- Pariso v. TowseCourt of Appeals for the Second Circuit · 1930
- Thomas Purcell v. Waterman Steamship CorporationCourt of Appeals for the Second Circuit · 1955
- Edwards Mfg. Co. v. Bradford Co.Court of Appeals for the Second Circuit · 1923
- Golden Eagle Farm Products, Inc. v. Approved Dehydrating Co.Court of Appeals for the Second Circuit · 1945
5 more not listed; retrieve them via the Exa API.