Legal Opinion
Hugh Magrath v. Mechanics & Traders Insurance Company
Court of Appeals for the Tenth Circuit
Decided October 5, 1957No. 5615_1PublishedCited by 3 opinions
1Opinion of the Court
PHILLIPS, Circuit Judge.
Mechanics & Traders Insurance Company, a corporation, 1 brought a declaratory judgment action under 28 U.S.C. § 2201 against its insured, Hugh Magrath, a resident of Harris, Kansas, seeking an adjudication with respect to its liability on a certain fire and lightning insurance policy issued by it to Magrath.
There is no substantial dispute as to the facts. Hugh Magrath was the owner of a certain tract of land on the edge of Harris, Kansas, and desired to locate thereon a home. One Bill Graham obtained authority from his parents, the owners of an unoccupied seven-room,…
2Cases cited14 opinions
- Nathan v. St. Paul Mutual Insurance Co.Supreme Court of Minnesota · 1955
- British America Assurance Co. v. BradfordSupreme Court of Kansas · 1898
- Calnon v. Fidelity-Phenix Fire Ins.Nebraska Supreme Court · 1925
- Bemis v. First National BankSupreme Court of Arkansas · 1897
- Buffalo Ins. Co. of Buffalo v. BommaritoCourt of Appeals for the Eighth Circuit · 1930
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3Cited by3 opinions
- Price v. Allstate Insurance Co.Court of Appeals of Tennessee · 1981
- Barnett v. OliverCourt of Appeals of Kansas · 1993
- West American Insurance v. KingDistrict Court, D. Kansas · 1998