Legal Opinion
Insurance Company of North America v. Morgan Dyeing and Bleaching Company
Court of Appeals for the Seventh Circuit
Decided January 12, 1959No. 12351_1PublishedCited by 4 opinions
1Opinion of the Court
KNOCH, Circuit Judge.
Plaintiff-appellant, (hereinafter referred to as “North America”), as sub-rogee, brought this suit in two counts against defendant, (hereinafter called “Morgan”) to recover $38,457.19 for damage to yarn of plaintiff’s insured, Straus Knitting Mills, (hereinafter called “Straus”), from water escaping through a dry line sprinkler system in Morgan's warehouse on November 4, 1951.
Count I is based on the theory that Morgan breached its bailment agreement in failing to exercise due care. Count II is based on the theory that North America is entitled to the benefit of insurance…
2Cases cited3 opinions
- Graver Tank & Mfg. Co. v. Linde Air Products Co.Supreme Court of the United States · 1949
- Simmons Company v. A. Brandwein & Co., and the Seng Company, Intervenor-Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1957
- Insurance Company of North America v. Elgin, Joliet & Eastern Railway Company and United States Steel CompanyCourt of Appeals for the Seventh Circuit · 1956
3Cited by4 opinions
- Intergovernmental Risk Management v. O'Donnell, Wicklund, Pigozzi & Peterson Architects, Inc.Appellate Court of Illinois · 1998
- Rock River Savings & Loan Ass'n v. American States InsuranceCourt of Appeals for the Seventh Circuit · 1979
- Intergovernmental Risk Management v. O'Donnell, Wicklund, Pigozzi & Peterson Architects, Inc.Appellate Court of Illinois · 1998
- Rock River Savings and Loan Association, an Illinois Corporation v. American States Insurance Company, an Indiana Corporation, and Third Party v. Peat, Marwick, Mitchell & Company, Donald E. Levinson, Dale L. Levinson, Kenneth Clausen, Floyd Palmquist and Richard Runstrom, Third PartyCourt of Appeals for the Third Circuit · 1979