Cornell v. Nichols & Langworthy Mach. Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York; Learned Hand, Judge. Action by Charles G. Cornell, Jr., against the Nichols & Langworthy •Machine Company. Proceedings for the distribution of certain funds derived from policies of insurance on defendant’s plant, claimed, respectively, by Charles G. Cornell, Jr., the Industrial Trust Company, John K. Hayward, and William Beverly Winslow.
Read the full summary
Appeal from the District Court of the United States for the Southern District of New York; Learned Hand, Judge. Action by Charles G. Cornell, Jr., against the Nichols & Langworthy •Machine Company. Proceedings for the distribution of certain funds derived from policies of insurance on defendant’s plant, claimed, respectively, by Charles G. Cornell, Jr., the Industrial Trust Company, John K. Hayward, and William Beverly Winslow. From decrees of distribution, Cornell, Hayward, and Winslow appeal.
1Opinion of the Court
COXE, Circuit Judge.
The Nichols & Langworthy Machine Company was, at the time covered by this litigation, a Rhode Island corporation located and doing business at Hope Valley, in that state. On April 13, 1909, a large part of its plant was destroyed by fire. On that day the property was covered by insurance in foréign and domestic companies in about the sum of $330,000, the greater part of which— about $300,000 — was in English companies, which denied their liability under the policies and refused to pay the same. The remainder, about $30,000 was in American companies or companies duly…
2Cases cited1 opinion
- McEwen v. Harriman Land Co.Court of Appeals for the Sixth Circuit · 1905
3Cited by3 opinions
- In re MorrisCourt of Appeals for the Second Circuit · 1913
- Currier v. StaufferSupreme Court of Oklahoma · 1934
- In re ButcherDistrict Court, D. Massachusetts · 1920