Legal Opinion

Smith v. Firemen's Ins.

Court of Appeals for the Seventh Circuit

Decided May 20, 1939No. 6740PublishedCited by 8 opinions

1Opinion of the Court

TREANOR, Circuit Judge.

Defendants appeal from judgments entered against them in a suit prosecuted by plaintiffs upon separate policies’ of fire insurance issued by defendants. The defense relied upon in the trial was surrender and cancellation of the policies by mutual agreement prior to the time that loss was sustained. The District Court denied defendants’ motion for a directed verdict and also their motion for judgment notwithstanding the verdict of the jury. Defendants contend that the foregoing rulings constituted error.

The following facts are disclosed by the evidence. The individual…

2Cases cited5 opinions

  1. Grace v. American Central InsuranceSupreme Court of the United States · 1883
  2. Hartford Fire Insurance Co. v. TewesAppellate Court of Illinois · 1907
  3. Kinney v. Rochester German InsuranceAppellate Court of Illinois · 1908
  4. Globe & Rutgers Fire Insurance v. Emil Willbrandt Surgical Manufacturing Co.Appellate Court of Illinois · 1906
  5. Rogers v. PowellAppellate Court of Illinois · 1878

3Cited by8 opinions

  1. Mitton v. Granite State Fire Ins. Co. Granite State Fire Ins. Co. v. MittonCourt of Appeals for the Tenth Circuit · 1952
  2. Garland A. Holbrook and Truck Acceptance Corporation v. Institutional Insurance Company of AmericaCourt of Appeals for the Seventh Circuit · 1967
  3. Lewis v. Michigan Millers Mutual InsuranceSupreme Court of Connecticut · 1967
  4. National American Insurance Company, a Nebraska Corporation v. Jamison Agency, Inc., Gerald Bollinger, Capital Systems Corporation, National American Insurance Company, a Nebraska Corporation, Third Party v. Jamison Agency, Inc., and Gerald Bollinger, Third Party Capital Systems Corporation, Third Party v. A.J.R., Inc., Formerly Pinkerton Madden Burford, Inc., Third PartyCourt of Appeals for the Third Circuit · 1974
  5. Granite State Fire Ins. Co. v. MittonDistrict Court, D. Colorado · 1951

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