Legal Opinion

Aetna Life Ins. Co. v. Middleport

Supreme Court of the United States

Decided February 6, 1888No. 1134PublishedCited by 176 opinions

APPEAL PROM THE CIRCtJIT COURT OP THE" UNITED STATES POR THE NORTHERN DISTRICT OP ILLINOIS. This was an appeal from a decree of the Circuit .Court of the United States for tbe Northern District of Illinois, dismissing on demurrer the bill of the .¿Etna Life Insurance Company, the present appellant.

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APPEAL PROM THE CIRCtJIT COURT OP THE" UNITED STATES POR THE NORTHERN DISTRICT OP ILLINOIS. This was an appeal from a decree of the Circuit .Court of the United States for tbe Northern District of Illinois, dismissing on demurrer the bill of the .¿Etna Life Insurance Company, the present appellant. The substance of the bill was that the complainant is the owner of fifteen bonds, of one thousand dollars each, issued by the township of Middleport, in the State of Illinois, dated February 20, 1871, and delivered to the Chicago, Danville and Yineennes Railroad Company. These bonds were payable to…

1Opinion of the CourtJustice Millee

In the argument of the demurrer before the Circuit Court several objections to the bill were taken. The defendant in error,1 however, relies here upon three principal grounds of defence : First, it denies the right of subrogation, upon which rests the whole case of the complainant; second, it relies upon the statute of limitations of five years; and third, it asserts that the former decree in the state court is a bar to the action here.

The Circuit Court held that the statute of limitations was a bar to the present suit, and dismissed the bill on that ground.

But we regard the primary question,…

2Cases cited8 opinions

  1. Memphis & Little Rock Railroad v. DowSupreme Court of the United States · 1887
  2. Litchfield v. BallouSupreme Court of the United States · 1885
  3. Louisiana v. WoodSupreme Court of the United States · 1880
  4. Buchanan v. LitchfieldSupreme Court of the United States · 1880
  5. Sanford v. McLeanNew York Court of Chancery · 1831

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3Cited by176 opinions

  1. Prairie State Bank v. United StatesSupreme Court of the United States · 1896
  2. United States v. Munsey Trust Co.Supreme Court of the United States · 1947
  3. Putnam v. CommissionerSupreme Court of the United States · 1956
  4. Henningsen v. United States Fidelity & Guaranty Co. of BaltimoreSupreme Court of the United States · 1908
  5. Mahler v. SzucsWashington Supreme Court · 1998

171 more not listed; retrieve them via the Exa API.

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