Schambs v. Fidelity & Casualty Co. of New York
Court of Appeals for the Sixth Circuit
Appeal from and in Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; D. C. Westenhaver, Judge. Action by Wallace E. Schambs, trustee in bankruptcy of H. D. Eowler, against the Fidelity & Casualty Company of New York. There was a judgment for defendant, and plaintiff appeals and brings error. Tho bankrupt, Fowler, was a surgeon.
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Appeal from and in Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; D. C. Westenhaver, Judge. Action by Wallace E. Schambs, trustee in bankruptcy of H. D. Eowler, against the Fidelity & Casualty Company of New York. There was a judgment for defendant, and plaintiff appeals and brings error. Tho bankrupt, Fowler, was a surgeon. He carried with the appellee (hereinafter called the company) a policy of so-called liability insurance, limited to $5,000. An action for malpractice was brought against him by one Rains-ford. The company…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1] The petition by which the action was begun did not undertake to classify itself as a declaration at law or a bill in equity. ' It was docketed as if in equity, but asked no specific relief of any kind, excepting a money judgment. The answer did not deny jurisdiction in equity. The case was submitted to the District Judge upon an agreed statement of facts. We fail to see any color of right to proceed in equity, which would be sufficient to support equity jurisdiction, even in the presence of as much of a waiver as the parties can make (Toledo Co. v.…
2Cases cited31 opinions
- Patterson v. AdanSupreme Court of Minnesota · 1912
- Connolly v. BolsterMassachusetts Supreme Judicial Court · 1905
- American Employers' Liability Insurance v. FordyceSupreme Court of Arkansas · 1896
- Anoka Lumber Co. v. Fidelity & Casualty Co.Supreme Court of Minnesota · 1895
- Sanders v. Frankfort Marine, Accident & Plate Glass InsuranceSupreme Court of New Hampshire · 1904
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3Cited by26 opinions
- Malley v. American Indemnity Co.Supreme Court of Pennsylvania · 1929
- Combs v. HuntCourt of Appeals of Virginia · 1924
- Ohio Casualty Ins. Co. v. BeckwithCourt of Appeals for the Fifth Circuit · 1934
- Slavens v. Standard Acc. Ins. Co. of DetroitCourt of Appeals for the Ninth Circuit · 1928
- Michel v. American Fire & Casualty Co.Court of Appeals for the Fifth Circuit · 1936
21 more not listed; retrieve them via the Exa API.