Mulrooney v. Royal Ins.
U.S. Circuit Court for the District of Northern Iowa
At Law. Action on fire insurance policy. This cause has been submitted to the court, a jury having been waived in writing, and from the evidence submitted the court finds the facts to be as follows: (1) That the plaintiff is the duly appointed and qualified trustee in bankruptcy of Oliver O. Kendall, bankrupt, and a citizen of the state of Iowa, residing in the Northern judicial district thereof, and that he and the said Oliver O. Kendall were citizens and residents of said…
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At Law. Action on fire insurance policy. This cause has been submitted to the court, a jury having been waived in writing, and from the evidence submitted the court finds the facts to be as follows: (1) That the plaintiff is the duly appointed and qualified trustee in bankruptcy of Oliver O. Kendall, bankrupt, and a citizen of the state of Iowa, residing in the Northern judicial district thereof, and that he and the said Oliver O. Kendall were citizens and residents of said state and district at the time this action was commenced as hereinafter stated. (2) That the defendant is an insurance…
1Opinion of the CourtReed, District Judge
(after stating the facts as above). The plaintiff as trustee in bankruptcy of Oliver O. Kendall, bankrupt, sues the defendant for $3,000 upon its policy of insurance against loss or damage by fire issued to said Kendall. The defendant admits that it made the policy, and that the property insured was afterwards destroyed by fire as alleged by plaintiff, but denies its liability upon the policy, for the reason, among others, that, after the making of the same, the assured made a bill of sale of the insured property, which was intended as, and in fact was, a chattel mortgage to secure the…
2Cases cited16 opinions
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Atlas Reduction Co. v. New Zealand Ins.Court of Appeals for the Eighth Circuit · 1905
- Delaware Ins. v. GreerCourt of Appeals for the Eighth Circuit · 1903
- Kyte v. Commercial Union Assurance Co.Massachusetts Supreme Judicial Court · 1887
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3Cited by3 opinions
- Great American Casualty Co. v. EichelbergerCourt of Appeals of Texas · 1931
- National Liberty Ins. Co. v. MilliganCourt of Appeals for the Ninth Circuit · 1926
- Newsom v. New York Life Ins.Court of Appeals for the Sixth Circuit · 1932