Legal Opinion

Phenix Ins. v. Kerr

Court of Appeals for the Eighth Circuit

Decided March 28, 1904No. 1,966PublishedCited by 52 opinions

In Error to the Circuit Court of the United States for the District of Nebraska.

1Opinion of the Court

SANBORN, Circuit Judge.

This is an action on a policy of insurance against fire for damages caused by the burning of an elevator. The complaint was in the usual form. The answer was that the policy had been canceled before the fire, that the insured was not the sole and unconditional owner of the property, and that no proofs of loss had been made. The plaintiff replied that the company had denied its liability on the ground that there was no contract of insurance, and had thereby waived the proofs of loss. The case was tried to a jury. At the close of the trial the plaintiff requested the…

2Cases cited25 opinions

  1. The City of New YorkSupreme Court of the United States · 1893
  2. Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
  3. Beuttell v. MagoneSupreme Court of the United States · 1895
  4. Beuttell v. MagoneSupreme Court of the United States · 1895
  5. Richardson v. HardwickSupreme Court of the United States · 1882

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

3Cited by52 opinions

  1. Smith v. BanghamCalifornia Supreme Court · 1909
  2. Minahan v. Grand Trunk Western Ry. Co.Court of Appeals for the Sixth Circuit · 1905
  3. Horgan v. RussellNorth Dakota Supreme Court · 1913
  4. McCollough v. Home Ins. Co. of N.Y.California Supreme Court · 1909
  5. City of Mankato v. Barber Asphalt Paving Co.Court of Appeals for the Eighth Circuit · 1905

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

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