Spring Garden Ins. v. Amusement Syndicate Co.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Kansas. Suit in equity by the Spring- Garden Insurance Company and others against the Amusement Syndicate Company and others. Decrees for defendants Amusement Syndicate Company and the Bank of Topeka against complainants and their codefendants, and the latter appeal.
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Appeal from the Circuit Court of the United States for the District of Kansas. Suit in equity by the Spring- Garden Insurance Company and others against the Amusement Syndicate Company and others. Decrees for defendants Amusement Syndicate Company and the Bank of Topeka against complainants and their codefendants, and the latter appeal. The following are the memoranda of decision of Pollock, District Judge, on exceptions to report of special master: The facts, as found in the record, which give rise to this suit, may be briefly summarized as follows: In the month of September, 1906, defendant…
1Opinion of the Court
WM. H. MUNGER, District Judge.
The Amusement Syndicate Company obtained from ten certain insurance companies policies of insurance upon its opera house building and personal property therein. Among the various provisions in the policies was one providing that:
“This company shall not be liable under this policy for a greater proportion of any loss on the described property or for loss by any expense of removal from premises endangered by fire than the amount hereby insured shall bear to the whole insurance, whether valid or not or by solvent or insolvent insurance covering such property.”
The…
2Cases cited14 opinions
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Davis v. SchwartzSupreme Court of the United States · 1895
- Crawford v. NealSupreme Court of the United States · 1892
- Furrer v. FerrisSupreme Court of the United States · 1892
- Insurance Companies v. WeidesSupreme Court of the United States · 1872
9 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- People of Sioux County v. National Surety Co.Supreme Court of the United States · 1928
- State Ex Rel. State Highway Commission v. BurkOregon Supreme Court · 1954
- Twist v. Prairie Oil & Gas Co.Supreme Court of the United States · 1927
- Guardian Trust Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1928
- Sacramento Municipal Utility District v. Pacific Gas & Electric Co.California Supreme Court · 1942
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