Legal Opinion

Royal Exch. Assur. v. Thrower

Court of Appeals for the Fifth Circuit

Decided December 17, 1917No. 3113PublishedCited by 17 opinions

Appeal from the District Court of the United States for the Northern District of Georgia; William T. Newman, Judge. Suit by the Royal Exchange Assurance of London against Marvin E. Thrower. From a decree (240 Fed. 811, 1024) in favor of defendant and allowing his claim for a set-off, complainant appeals.

1Opinion of the Court

BATTS, Circuit Judge.

An insurance policy was issued by appellant company upon property thus described:

“The following described property, while located and contained as described as contained herein and not elsewhere, to wit, M. L. Thrower, $5,000.00 on the one-story, frame, composition-roof building and additions thereto attached, occupied for warehouse and storage purposes, and situated on Irwin street, Sampson street and the Southern Railroad, in Atlanta, Georgia.”

*770The policy was -subject, in favor of Mrs. Caroline Hertzfeld, to the standard mortgage clause, which provided that:

“The interest…

2Cases cited7 opinions

  1. Imperial Fire Insurance v. Coos CountySupreme Court of the United States · 1894
  2. Germania Fire Insurance v. DeckardIndiana Court of Appeals · 1891
  3. Mercantile Ins. v. Union Stock Yards Co.Court of Appeals of Kentucky · 1905
  4. Merrill v. Insurance Co. of North AmericaU.S. Circuit Court for the District of Minnesota · 1885
  5. East Texas Fire Insurance v. KempnerCourt of Appeals of Texas · 1896

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

3Cited by17 opinions

  1. Packard Manufacturing Co. v. Indiana Lumbermens Mutual InsuranceSupreme Court of Missouri · 1947
  2. American Alliance Insurance Co. v. PyleCourt of Appeals of Georgia · 1940
  3. National Union Fire Ins. Co. of Pittsburgh v. RichardsCourt of Appeals of Texas · 1927
  4. St. Paul Fire & Marine Insurance v. BachmannSupreme Court of the United States · 1932
  5. Paddleford v. Fidelity & Casualty Co. of New YorkCourt of Appeals for the Seventh Circuit · 1938

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

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