Legal Opinion
Missouri Pac. Ry. Co. v. Western Assur. Co.
U.S. Circuit Court for the District of Kansas
Decided April 28, 1904No. 8,152PublishedCited by 9 opinions
1Opinion of the Court
PODDOCK, District Judge.
This is an action at law, brought to recover on a contract of insurance. A copy of the contract relied upon by plaintiff is attached to and made part of the petition. The plaintiff, in its petition, alleges a compliance with all the terms and conditions of this contract requisite on its part to be performed in order to establish its right to a recovery, except that condition of the contract requiring plaintiff to make and furnish proofs of loss. In this respect the petition, by way of pleading an avoidance of the terms and conditions found in the contract with respect…
2Cases cited5 opinions
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- Imperial Fire Insurance v. Coos CountySupreme Court of the United States · 1894
- Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
- Armstrong v. Agricultural InsuranceNew York Court of Appeals · 1892
- Fournier v. German American InsuranceSupreme Court of Rhode Island · 1901
3Cited by9 opinions
- United States Shipping Board Merchant Fleet Corp. Ex Rel. United States v. Ætna Casualty & Surety Co.Court of Appeals for the D.C. Circuit · 1938
- Niagara Fire Ins. Co. v. PospisilCourt of Appeals for the Eighth Circuit · 1931
- Davis v. Northwestern Mutual Fire Ass'nWashington Supreme Court · 1907
- Harris v. North British & Mercantile Ins.Court of Appeals for the Fifth Circuit · 1929
- Dragoni v. United States Fire InsuranceSupreme Court of Puerto Rico · 1927
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