Legal Opinion

Herzberg's, Inc. v. Ocean Accident & Guarantee Corp.

Court of Appeals for the Eighth Circuit

Decided January 7, 1943No. 12302PublishedCited by 12 opinions

1Opinion of the Court

SANBORN, Circuit Judge.

This appeal is from a judgment dismissing the amended complaint of the appellant, which sought a reformation of a public liability policy issued by the appellee to the appellant in 1924, and a recovery upon the policy as reformed. The parties will be referred to as plaintiff and defendant. The plaintiff (appellant) asserts that, under the evidence and the law, it was entitled to prevail.

This is the second time this case has appeared in this Court. When it was here before it was an action to recover upon the same policy which the plaintiff now seeks to have reformed.…

2Cases cited8 opinions

  1. Thornton v. CarterCourt of Appeals for the Eighth Circuit · 1940
  2. International Ladies' Garment Workers' Union v. Donnelly Garment Co.Court of Appeals for the Eighth Circuit · 1941
  3. Guettel v. United StatesCourt of Appeals for the Eighth Circuit · 1938
  4. Goldwyn Pictures Corp. v. Howells Sales Co.Court of Appeals for the Second Circuit · 1923
  5. Millers' Mut. Fire Ins. Ass'n of Illinois v. BellCourt of Appeals for the Eighth Circuit · 1938

3 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. R. C. Paull, Virginia Paull and Paull's Hatchery, Inc. v. Archer-Daniels-Midland CompanyCourt of Appeals for the Eighth Circuit · 1963
  2. Madyo A. Poletti and Marian Poletti v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1965
  3. Gulf Insurance Co. v. Gold Cross Ambulance Service Co.District Court, W.D. Oklahoma · 1971
  4. Maryland Casualty Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1948
  5. Swalley v. Addressograph-Multigraph Corp.Court of Appeals for the Seventh Circuit · 1948

7 more not listed; retrieve them via the Exa API.

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