Stephens v. Pennsylvania Casualty Co.
Michigan Supreme Court
Case made from Wayne; Kohnert, J. Assumpsit by Henry Stephens against the Pennsylvania Casualty Company on a contract of indemnity. There was a judgment for plaintiff on verdict 'directed by the court, and defendant assigns error. This is a case made after judgment.
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Case made from Wayne; Kohnert, J. Assumpsit by Henry Stephens against the Pennsylvania Casualty Company on a contract of indemnity. There was a judgment for plaintiff on verdict 'directed by the court, and defendant assigns error. This is a case made after judgment. On April 14, 1900, the defendant and the Detroit, Rochester, Romeo & Lake Orion Railway entered into a contract of indemnity; the only parts which bear upon this controversy being as follows : “ In consideration of the agreements hereinafter and the warranties in the application for this policy contained, which application is made…
1Opinion of the Court
Grant; J.
(after stating the facts), 1. The main question arises upon the construction of the contract of indemnity. Plaintiff contends that the legal liability became adjusted and settled upon the rendition of the judgment in the circuit court. Defendant insists that the liability was not adjusted and settled until'the judgment was paid, or, if that be not so, until the final determination in the Supreme Court. The contention of the defendant upon the trial was that its liability was limited to $2,500, and that, having paid that amount into’court, its liability ended. This result would follow…
2Cases cited10 opinions
- Anoka Lumber Co. v. Fidelity & Casualty Co.Supreme Court of Minnesota · 1895
- Gilbert v. . WimanNew York Court of Appeals · 1848
- Fenton v. Fidelity & Casualty Co.Oregon Supreme Court · 1899
- Hoven v. Employers' Liability Assurance Corp.Wisconsin Supreme Court · 1896
- Pickett v. Fidelity & Casualty Co.Supreme Court of South Carolina · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Poe v. Philadelphia Casualty Co.Court of Appeals of Maryland · 1912
- Fentress v. RutledgeCourt of Appeals of Virginia · 1924
- Ravenswood Hospital v. Maryland Casualty Co.Illinois Supreme Court · 1917
- Slavens v. Standard Acc. Ins. Co. of DetroitCourt of Appeals for the Ninth Circuit · 1928
- Tulare County Power Co. v. Pacific Surety Co.California Court of Appeal · 1919
26 more not listed; retrieve them via the Exa API.