Legal Opinion

Fireman's Ins. v. J. H. Mohlman Co.

Court of Appeals for the Second Circuit

Decided December 7, 1898No. 84PublishedCited by 10 opinions

In Error to the Circuit Court of the United States for the Southern District of New York. This was an action by the J. H. Mohlman Company against the Fireman’s Insurance Company of Baltimore on a policy of fire insurance. There was a judgment for plaintiff, and defendant brings error.

1Opinion of the Court

WALLACE, Circuit Judge.

Upon the trial of this action there was a verdict for the plaintiff, and the defendant has brought this writ of error from the judgment entered upon the verdict to-review rulings on the trial of which error is assigned. The action was on a policy of insurance, and was brought to recover a loss to the plaintiff’s stock of merchandise contained in the brick building situate at 38 and 40 North Moore street, New York City. The defense was based upon the following clause in the policy: “If a building, or any part thereof, fall, except as the result of fire, all insurance by…

2Cases cited2 opinions

  1. Connecticut Mutual Life Insurance v. LathropSupreme Court of the United States · 1884
  2. New York Electric Equipment Co. v. BlairCourt of Appeals for the Second Circuit · 1897

3Cited by10 opinions

  1. United States v. SpauldingSupreme Court of the United States · 1935
  2. Chicago G. W. Ry. Co. v. PriceCourt of Appeals for the Eighth Circuit · 1899
  3. Beneks v. StateIndiana Supreme Court · 1935
  4. William Carlson v. Chisholm-Moore Hoist CorporationCourt of Appeals for the Second Circuit · 1960
  5. McNaught v. New York Life InsuranceNebraska Supreme Court · 1943

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