Legal Opinion
Esquire Restaurant, Inc. v. Commonwealth Insurance Co. of New York
Court of Appeals for the Seventh Circuit
Decided March 11, 1968No. 15874PublishedCited by 3 opinions
1Opinion of the Court
CUMMINGS, Circuit Judge.
Plaintiff Esquire Restaurant, Inc., an Illinois corporation, is the lessee of part of the building at 12 South Grove Avenue, Elgin, Illinois. In 1962, it filed a suit in the Superior Court of Cook County, Illinois, to recover for losses allegedly covered by five fire insurance policies. Pursuant to Section 1441 of the Judicial Code (28 U.S.C. § 1441), the suit was removed by defendant insurers to the United States District Court.
About 4:45 a. m. on October 16, 1961, a fire occurred in the restaurant, damaging the contents, improvements and betterments. The complaint…
2Cases cited22 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Walder v. United StatesSupreme Court of the United States · 1954
- Claflin v. Commonwealth InsuranceSupreme Court of the United States · 1884
- The People v. KalpakIllinois Supreme Court · 1957
- Laughlin v. HopkinsonIllinois Supreme Court · 1920
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3Cited by3 opinions
- Barrington Press, Inc. v. MoreyCourt of Appeals for the Seventh Circuit · 1985
- Esquire Restaurant, Inc. v. The Commonwealth Insurance Company Of New YorkCourt of Appeals for the Seventh Circuit · 1968
- Barrington Press, Inc., an Illinois Corporation, Plaintiff-Counterdefendant-Appellee v. Richard W. Morey and Diana W. Morey, Defendants-Counterplaintiffs-Cross-Complainants-Appellants v. Phillip E. Bash, Cross-Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1985