Legal Opinion
Rogers v. Home Ins. Co.
Court of Appeals for the Second Circuit
Decided May 25, 1899No. 146PublishedCited by 4 opinions
Appeal from the District Court of the United States for the Southern District of New York.
1Opinion of the Court
WALLACE, Circuit Judge.
This action is founded upon a policy identical in terms with that considered in the case of Rogers v. Ætna Ins. Co., 95 Fed. 103, and was brought to recover for the same loss. The facts are .the same in both cases, except in respect to the time of bringing the’ action, and the defenses are the same. In the action brought by libelant against the Ætna Insurance Company, the Home Insurance Company was made a co-defendant. October 28, 1898, both companies interposed the objection of an improper joinder of parties defendant. Thereupon the libelant elected to proceed in that…
2Cases cited5 opinions
- Riddlesbarger v. Hartford InsuranceSupreme Court of the United States · 1869
- National Bank v. Insurance Co.Supreme Court of the United States · 1878
- Arthur v. . Homestead Fire Ins. Co.New York Court of Appeals · 1879
- Wilson v. Ætna InsuranceSupreme Court of Vermont · 1854
- Rogers v. Ætna Ins. Co.Court of Appeals for the Second Circuit · 1899
3Cited by4 opinions
- Whiddon v. National Union Fire InsuranceCourt of Appeals of Georgia · 1939
- Luckenbach v. Home Ins. Co. of New YorkDistrict Court, S.D. New York · 1905
- Papain v. American InsuranceAppellate Division of the Supreme Court of the State of New York · 1962
- Rogers v. Ætna Ins. Co.Court of Appeals for the Second Circuit · 1899