Legal Opinion

Hosford v. Germania Fire Insurance

Supreme Court of the United States

Decided May 14, 1888No. 263PublishedCited by 9 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF 'NEBRASKA. This was an action by Hosford and Gagnon on a policy of insurance, dated May 14, 1883, by which the Germania Fire Insurance Company and the Hanover Fire Insurance Company, severally and not jointly, and as if by separate policies, insured the plaintiffs, against loss by fire for a year from that date, each one half of the sum of $8000, payable in sixty days after notice and proof of loss, upon…

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF 'NEBRASKA. This was an action by Hosford and Gagnon on a policy of insurance, dated May 14, 1883, by which the Germania Fire Insurance Company and the Hanover Fire Insurance Company, severally and not jointly, and as if by separate policies, insured the plaintiffs, against loss by fire for a year from that date, each one half of the sum of $8000, payable in sixty days after notice and proof of loss, upon their flour-mill, elevator and machinery in the town of Rulo and State of Nebraska; “ special reference being had to…

1Opinion of the CourtJustice Gray

• If this policy is valid, each of the defendants was severally liable for n.o more than the sum of $4000, and interest thereon to the date of the judgment in the Circuit Court. The whole-amount recoverable against either defendant in that court being less than $5000, this court has no jurisdiction of the case, except by reason of the certificate of division of opinion. Ex parte Phœnix Ins. Co., 117 U. S. 367; Dow v. Johnson, 100 U. S. 158; Williamsport Bank v. Knapp, 119 U. S. 357. The first question certified is too general to be answered, because it undertakes to refer the whole case to…

2Cases cited6 opinions

  1. Phoenix Life Ins. Co. v. RaddinSupreme Court of the United States · 1887
  2. Dow v. JohnsonSupreme Court of the United States · 1880
  3. Jewell v. KnightSupreme Court of the United States · 1887
  4. Williams v. Roger Williams InsuranceMassachusetts Supreme Judicial Court · 1871
  5. Williamsport Bank v. KnappSupreme Court of the United States · 1886

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

3Cited by9 opinions

  1. ROYAL INSURANCE CO., LTD. v. CohenCourt of Appeals of Georgia · 1962
  2. Dunbar v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1888
  3. Va. Fire & Marine Ins. v. Buck & NewsonSupreme Court of Virginia · 1891
  4. Aetna Life Insurance v. McCullaghCourt of Appeals of Kentucky · 1919
  5. Nat'l Union Fire Ins. Co. v. FalcianiNew Jersey Superior Court Appellate Division · 1965

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

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