Legal Opinion

Smith v. Royal Ins.

Court of Appeals for the Ninth Circuit

Decided January 23, 1942No. 9850PublishedCited by 9 opinions

1Opinion of the Court

HEALY, Circuit Judge.

This suit, which is on a valued policy of fire insurance upon appellant’s “leasehold interest” in certain property, is here for the fourth time.1 The prior appeals were concerned with the question whether appellant had alleged and proved an insurable interest of a kind described in his policy, namely, an estate in the nature of a leasehold. On the last appeal we held that appellant had established his case in *223that respect, but that the insurer should be given an opportunity to set up such affirmative defenses as might be available to it. The present appeal relates to the…

2Cases cited4 opinions

  1. Equitable Life Assur. Soc. v. IrelanCourt of Appeals for the Ninth Circuit · 1941
  2. Smith v. Royal Ins. Co.Court of Appeals for the Ninth Circuit · 1940
  3. Smith v. Royal Ins.Court of Appeals for the Ninth Circuit · 1937
  4. Royal Ins. Co. v. SmithCourt of Appeals for the Ninth Circuit · 1935

3Cited by9 opinions

  1. Stork Restaurant, Inc. v. SahatiCourt of Appeals for the Ninth Circuit · 1948
  2. Murphey v. United StatesCourt of Appeals for the Ninth Circuit · 1950
  3. Jerone E. Casey, Transferee of the Bankers Development Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1959
  4. Smyth, Collector of Internal Revenue v. BarnesonCourt of Appeals for the Ninth Circuit · 1950
  5. Michigan Fire & Marine Ins. Co. v. National Surety Corp.Court of Appeals for the Eighth Circuit · 1946

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