Legal Opinion

Newark Trust Co. v. Agricultural Ins.

Court of Appeals for the Third Circuit

Decided December 12, 1916No. 2153PublishedCited by 22 opinions

In Error to the District Court of the United States for the District of New Jersey; Thos. G. Haight, Judge. Action by the Newark Trust Company and Alfred Yankauer, trustee in bankruptcy of George E. Mausert, bankrupt, against the Agricultural Insurance Company. There was a judgment for defendant, and plaintiffs bring error.

1Opinion of the Court

WOODLEY, Circuit Judge.

This is an action on a policy of tornado insurance. The jury rendered a verdict for the defendant upon the court’s construction of the contract, which was embodied in the charge with the force of a binding instruction. The plaintiff sued out this writ, assigning as error so much of the charge as relates to the interpretation of the contract.

The insured property was situate at Monmouth Beach, New Jersey. It was a frame dwelling built upon brick foundations. It stood close to the .ocean upon a low bluff arising from the beach. It was protected from the ocean by a bulkhead…

2Cases cited10 opinions

  1. Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
  2. Insurance Co. v. BoonSupreme Court of the United States · 1877
  3. Insurance Co. v. TweedSupreme Court of the United States · 1869
  4. Waters v. Merchants' Louisville InsuranceSupreme Court of the United States · 1837
  5. Howard v. IngersollSupreme Court of the United States · 1852

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

3Cited by22 opinions

  1. Leonard v. Nationwide Mutual InsuranceCourt of Appeals for the Fifth Circuit · 2007
  2. Hardware Dealers Mutual Insurance Co. v. BerglundTexas Supreme Court · 1965
  3. Coyle v. Palatine Ins. Co.Texas Commission of Appeals · 1920
  4. Brindley v. Firemen's Ins. Co. of NewarkNew Jersey Superior Court Appellate Division · 1955
  5. Camden F.I. Assn. v. N.B v. Hotel Co.Mississippi Supreme Court · 1946

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

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