Legal Opinion

Brawner v. Royal Indemnity Co.

Court of Appeals for the Fifth Circuit

Decided December 17, 1917No. 3120PublishedCited by 10 opinions

In Error to the District Court of the United States for the Northern District of Florida; William B. Sheppard, Judge. Action by Carro A. Brawner against the Royal Indemnity Company. There was a judgment for defendant, and plaintiff brings error.

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In Error to the District Court of the United States for the Northern District of Florida; William B. Sheppard, Judge. Action by Carro A. Brawner against the Royal Indemnity Company. There was a judgment for defendant, and plaintiff brings error. This was an action 'by the plaintiff in error (hereinafter called the plaintiff), the beneficiary under a policy of accident insurance issued by the defendant in error (hereinafter called the defendant), originally in force for the term of ■one year ending September 21, 1914, which it was alleged was continued in force for 12 months ending September…

1Opinion of the CourtWalker, Circuit Judge

(after stating the facts as above). In December, 1913, the Pensacola State Bank, of which the insured was president, failed. This was followed by the failure of the Brawner-Riera Company and the Pensacola Investment Company, both of which were enterprises in which the insured was interested. In consequence of disclosures which followed the failures, a criminal charge of embezzlement was made against Brawner, on the trial of which he was acquitted. Another consequence was that Brawner expressed apprehension that he would be prosecuted for certain overdrafts made by the Brawner-Riera Company on…

2Cases cited2 opinions

  1. Sharland v. Washington Life Ins.Court of Appeals for the Fifth Circuit · 1900
  2. Klein v. Knights & Ladies of SecurityWashington Supreme Court · 1915

3Cited by10 opinions

  1. Carter v. Standard Acc. Ins.Utah Supreme Court · 1925
  2. Eicks v. Fidelity & Casualty Co.Supreme Court of Missouri · 1923
  3. Von Crome v. Travelers' Ins. Co. of HartfordCourt of Appeals for the Eighth Circuit · 1926
  4. McMullen v. St. Lucie County BankSupreme Court of Florida · 1937
  5. Rich v. HunterSupreme Court of Florida · 1938

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