Union Nat. Bank v. German Ins.
Court of Appeals for the Seventh Circuit
.hi Emu- to the Circuit Court of the United States, for the East-3i‘ji District of Wisconsin. The plaintiff in error, assignee of James Morrison, brought suit upon a policy of tire insurance issued by the defendant in error on the (ith day of May, 1889, insuring against loss or damage by tire, to the amount of $1,100, a certain dwelling house, granary, “farm products while contained in said granary or barn,” and other property, all situated in Ransom county, in the t’.usi…
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.hi Emu- to the Circuit Court of the United States, for the East-3i‘ji District of Wisconsin. The plaintiff in error, assignee of James Morrison, brought suit upon a policy of tire insurance issued by the defendant in error on the (ith day of May, 1889, insuring against loss or damage by tire, to the amount of $1,100, a certain dwelling house, granary, “farm products while contained in said granary or barn,” and other property, all situated in Ransom county, in the t’.usi territory of Dakota. The policy provided “$5,000 other insurance concurrent herewith permitted,” and contained the…
1Opinion of the CourtJenkins, Circuit Judge
The total amount of insurance upon the property covered by the policy in suit, omitting the item of $100 upon the chicken coop, was §10,500, being an amount of $0,400 of insurance above the amount of the policy in suit. The amount of the insurance covering the farm products in granary was $5,000. The contract between the parties only permitted $5,000 other concurrent insurance on the property insured. It is clear, therefore, that, if the parties are bound by this contract, there was insurance beyond the amount permitted. We put no faith in the contention that the wheat in the granary does not…
2Cases cited22 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Insurance Co. v. MowrySupreme Court of the United States · 1878
- De Witt v. BerrySupreme Court of the United States · 1890
- Burnes v. ScottSupreme Court of the United States · 1886
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3Cited by18 opinions
- New York Life Insurance v. McMasterCourt of Appeals for the Eighth Circuit · 1898
- Housekeeper Pub. Co. v. SwiftCourt of Appeals for the Eighth Circuit · 1899
- McMaster v. New York Life Ins.Court of Appeals for the Eighth Circuit · 1899
- United Firemen's Ins. v. ThomasCourt of Appeals for the Seventh Circuit · 1897
- Godkin v. MonahanCourt of Appeals for the Seventh Circuit · 1897
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