International Trust Co. v. Norwich Union Fire Ins. Soc.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Colorado. The International Trust Company, of the city of Denver, the appellant, sued the Norwich Union Fire Insurance Society, the appellee, to enforce Ihe delivery and payment of a policy of insurance in the sum of $10,000 on an hotel building in the city of Pueblo, Colo., which was destroyed by fire on October 9, 1803. The bill of complaint alleged, among other things, that John R. Gordon, the owner of…
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Appeal from the Circuit Court of the United States for the District of Colorado. The International Trust Company, of the city of Denver, the appellant, sued the Norwich Union Fire Insurance Society, the appellee, to enforce Ihe delivery and payment of a policy of insurance in the sum of $10,000 on an hotel building in the city of Pueblo, Colo., which was destroyed by fire on October 9, 1803. The bill of complaint alleged, among other things, that John R. Gordon, the owner of the insured property, on December 12, 1892, executed a deed of trust tbereon to secure the payment of a note in the sum…
1Opinion of the CourtThayer, Circuit Judge
No question was raised in the circuit court, nor has any question been raised in this court, touching the right of the complainant to maintain an action at law, and for that reason it is unnecessary to inquire or decide whether, on the state of facts disclosed by the bill of complaint, a court of equity or a court of law was the proper forum. Both parties have assumed that the bill stated matters' of equitable cognizance, and, as the case was one within the general jurisdiction of the circuit court, there can be no doubt of our right to dispose of the controversy on its merits, even though it…
2Cases cited2 opinions
- Reynes v. DumontSupreme Court of the United States · 1889
- Tyler v. SavageSupreme Court of the United States · 1892
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- Preferred Accident Insurance v. StoneSupreme Court of Kansas · 1899
- Springfield Fire Insurance v. PriceSupreme Court of Georgia · 1909
- Kimbro v. New York Life InsuranceSupreme Court of Iowa · 1906
- Guipre v. Kurt Hitke & Co.California Court of Appeal · 1952
- Western Indemnity Co. v. Indus. Acc. Com.California Supreme Court · 1920
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