Milwaukee Mechanics' Ins. v. B. S. Rhea & Son
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Middle District of Tennessee. This was an action upon a policy of fire insurance, brought by B. S. Bhea & Son, a copartnership, for the use of two national banks named in the writ. The insured premises were destroyed by fire in November, 1899, and during the currency of the policy, and this action was brought to recover the full amount of the insurance.
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In Error to the Circuit Court of the United States for the Middle District of Tennessee. This was an action upon a policy of fire insurance, brought by B. S. Bhea & Son, a copartnership, for the use of two national banks named in the writ. The insured premises were destroyed by fire in November, 1899, and during the currency of the policy, and this action was brought to recover the full amount of the insurance. The policy on its face provided, "among other things, that it should be void “if the interest of the insured in the property be not truly stated herein, * * * or if the interest of the…
1Opinion of the CourtRurton, Circuit Judge
The defendants excepted to the instruction that a verbal contract of sale would constitute Rhea & Son the owners of the insured premises within the provisions of the policy. Inasmuch as the jury found specially that there was a written agreement between the American National Bank and Rhea & Son for the sale and purchase of the insured premises, the charge in respect to the effect of a parol agreement would be harmless, even if erroneous, but for the fact that the First National Bank was the owner of an undivided one-fourth interest, and unless the verbal agreement, which the jury found to…
2Cases cited12 opinions
- Willard v. TayloeSupreme Court of the United States · 1870
- Mt. Adams & E. P. Inclined Ry. Co. v. LoweryCourt of Appeals for the Sixth Circuit · 1896
- Hough v. City Fire InsuranceSupreme Court of Connecticut · 1860
- Travelers' Ins. Co. of Hartford v. RandolphCourt of Appeals for the Sixth Circuit · 1897
- Wainer v. Milford Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Phenix Ins. v. KerrCourt of Appeals for the Eighth Circuit · 1904
- Shubert Theatrical Co. v. RathCourt of Appeals for the Second Circuit · 1921
- Jenkins & Reynolds Co. v. Alpena Portland Cement Co.Court of Appeals for the Sixth Circuit · 1906
- Arkansas Insurance v. McManusSupreme Court of Arkansas · 1908
- Burch v. Southern Pacific Co.Nevada Supreme Court · 1909
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