Western Assur. Co. of Toronto v. J. H. Mohlman Co.
Court of Appeals for the Second Circuit
In Error (o the Circuit Court of the United Stales for the Southern District of Xew York. This was an action by the J. H. Mohlman Company against the Western Assurance Company of Toronto on a policy of Are insurance. There was judgment for plaintiff, and defendant'brings error. This case comes here on a writ of error to review a judgment of the circuit court, Southern district of New York, in favor of defendant in error, who was plaintiff below.
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In Error (o the Circuit Court of the United Stales for the Southern District of Xew York. This was an action by the J. H. Mohlman Company against the Western Assurance Company of Toronto on a policy of Are insurance. There was judgment for plaintiff, and defendant'brings error. This case comes here on a writ of error to review a judgment of the circuit court, Southern district of New York, in favor of defendant in error, who was plaintiff below. The action was brought to recover loss under a policy of fire insurance issued by the plaintiff in error, who was defendant below. The relevant parts…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts). The trial judge charged the jury that the burden of proof rested upon the defendant (the insurance company) to show by a preponderance of evidence that “the fall preceded the fire”; that “this building did not fall as the result of fire.” Exceptions to the charge and to refusals to charge the converse of this proposition sufficiently present the question of correctness of this ruling. It will not be necessary to repeat the text either of the charge or of the requests. The trial judge construed the clause referring to a fall of the building as a proviso or condition…
2Cases cited21 opinions
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- Vicksburg & Meridian Railroad v. PutnamSupreme Court of the United States · 1886
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Jones v. United States Mutual Accident Ass'nSupreme Court of Iowa · 1894
- Slocovich v. Orient Mutual InsuranceNew York Court of Appeals · 1888
16 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Apicella v. McNeil Laboratories, Inc.District Court, E.D. New York · 1975
- Murray v. Continental InsuranceMassachusetts Supreme Judicial Court · 1943
- State v. LingmanUtah Supreme Court · 1939
- United States v. Aluminum Co. of AmericaDistrict Court, S.D. New York · 1940
- Lynes v. Northern Pacific Railway Co.Montana Supreme Court · 1911
26 more not listed; retrieve them via the Exa API.