Legal Opinion

Pennsylvania Lumberman's Mut. Fire Ins. v. Meyer

Court of Appeals for the Second Circuit

Decided November 24, 1903No. 17PublishedCited by 10 opinions

In Error to the Circuit Court of the United States for the Western District of New York. On November 5,' 1902, Charles C. Meyer, the defendant in error (plaintiff below) obtained judgment against the plaintiff in error (defendant below) for $5,314.98, damages and costs in the Circuit Court of the United States for the Western District of New York, on policies of insurance issued by the defendant on the plaintiff’s sawmill property located in the city of Rochester.

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In Error to the Circuit Court of the United States for the Western District of New York. On November 5,' 1902, Charles C. Meyer, the defendant in error (plaintiff below) obtained judgment against the plaintiff in error (defendant below) for $5,314.98, damages and costs in the Circuit Court of the United States for the Western District of New York, on policies of insurance issued by the defendant on the plaintiff’s sawmill property located in the city of Rochester. The defendant sued out a writ of error. The action was originally commenced in the Supreme Court of the state of New York, and was…

1Opinion of the Court

COXE, Circuit Judge.

On May 26, 1900, the property covered by the policies of insurance was destroyed by fire. The principal question involved is whether or not the policies were in force at that time. On May 15th, the defendant sent notices of cancellation pursuant to the terms of the policies. The plaintiff strenuously contends that these notices were ineffectual to terminate the policies. In view of what afterwards occurred we deem it unimportant to determine this question. However, in order to simplify the discussion, let it be assumed that the policies were canceled prior to May 23, 1900.

O…

2Cases cited2 opinions

  1. Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
  2. United States v. JahnSupreme Court of the United States · 1894

3Cited by10 opinions

  1. Martin v. New York Life Ins. Co.New Mexico Supreme Court · 1923
  2. Palmer v. Bull Dog Auto InsuranceIllinois Supreme Court · 1920
  3. United States Life Insurance v. WilsonCourt of Special Appeals of Maryland · 2011
  4. Kavanaugh v. Security Trust & Life InsuranceTennessee Supreme Court · 1906
  5. State Farm Mut. Automobile Ins. v. MackechnieCourt of Appeals for the Eighth Circuit · 1940

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