Legal Opinion

Miller v. Spring Garden Ins.

Court of Appeals for the Ninth Circuit

Decided February 3, 1913No. 2,140PublishedCited by 3 opinions

In Error to the District Court of the United States for the Northern Division of the Eastern District of Washington; Frank H. Rudkin. Judge. Action by Jacob Miller against the Spring Garden Insurance Company. Judgment for plaintiff, and defendant brings error.

Read the full summary

In Error to the District Court of the United States for the Northern Division of the Eastern District of Washington; Frank H. Rudkin. Judge. Action by Jacob Miller against the Spring Garden Insurance Company. Judgment for plaintiff, and defendant brings error. On November 17, 1910, the defendant executed and delivered to the plaintiff a policy of insurance, insuring him for the term of one year from that date against all direct loss or damage by fire, in the sum of $5,000, on his stock of goods, wares, and merchandise while contained in his one and two story frame, shingled roof building, and…

1Opinion of the CourtGilbert, Circuit Judge

(after stating the facts as above). Error is assigned to the admission of testimony as to conversations between the plaintiff and the insurance agent who procured the policy concerning the alterations that were being made in the plaintiff’s building, and error is assigned to the conclusion of the court that the plaintiff had not violated the provisions of the policy by having carpenters and -mechanics engaged in building the premises for a period of more than 15 days after the policy was executed and delivered, without the consent of the defendant, and in holding that the work done upon the…

2Cases cited6 opinions

  1. Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
  2. Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
  3. Fire Ins. Assn., Ltd. v. WickhamSupreme Court of the United States · 1891
  4. Kilby Mfg. Co. v. Hinchman-Renton Fire Proofing Co.Court of Appeals for the Eighth Circuit · 1904
  5. Lilienthal v. CartwrightCourt of Appeals for the Ninth Circuit · 1909

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Rotberg v. Dodwell & Co.Court of Appeals for the Second Circuit · 1945
  2. Charles Dowd Box Co. Inc. v. Fireman's Fund Ins. Co.Massachusetts Supreme Judicial Court · 1966
  3. Walter v. RowlandsCourt of Appeals for the Ninth Circuit · 1928

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API