Legal Opinion

Bankers' Mutual Casualty Co. v. Minneapolis, St. P. & S. S. M. RY. Co.

Court of Appeals for the Eighth Circuit

Decided July 14, 1902No. 1,727PublishedCited by 15 opinions

In Error to the Circuit Court of the United States for the District of Minnesota. Plaintiff in error brought an action in the court below against defendant in error, for the purpose of recovering $3,000 and interest, by reason of the facts' alleged in its complaint.

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In Error to the Circuit Court of the United States for the District of Minnesota. Plaintiff in error brought an action in the court below against defendant in error, for the purpose of recovering $3,000 and interest, by reason of the facts' alleged in its complaint. The complaint alleged the following facts: “That the Bankers’ Mutual Casualty Company, during all of the year A. D. 1900, and up to the present time, is and was a corporation duly organized under the laws of the state of Iowa, and a citizen of said state, with its principal place of business at Des Moines in said state, engaged in…

1Opinion of the CourtCarland, District Judge

This case presents but one question for our consideration, and that is whether or not the defendant in error is liable to the plaintiff in error upon the facts stated.

No federal decision is called to our attention, and we are unable to find any, parallel to the case at bar. There are, however, well-settled principles of law which we believe must determine the case. It is claimed by plaintiff in error that it is alleged in the complaint, and admitted by the demurrer, that defendant in error had no contract relation with the United States in pursuance of which it carried the mail between…

2Cases cited6 opinions

  1. Robertson v. SichelSupreme Court of the United States · 1888
  2. Dunlop v. MunroeSupreme Court of the United States · 1812
  3. Central Railroad & Banking Co. v. LampleySupreme Court of Alabama · 1884
  4. Foster v. M. A. Metts & Co.Mississippi Supreme Court · 1877
  5. Schroyer v. LynchSupreme Court of Pennsylvania · 1839

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3Cited by15 opinions

  1. Comstock v. BivensSupreme Court of Colorado · 1925
  2. United States v. Atlantic Coast Line R.District Court, E.D. North Carolina · 1913
  3. Moon v. HinesSupreme Court of Alabama · 1921
  4. Zenz v. Industrial Accident CommissionCalifornia Supreme Court · 1917
  5. United States v. Hamburg-Amerikanische Packetfahrt Actien GesellschaftCourt of Appeals for the Second Circuit · 1914

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