Legal Opinion

Liverpool & London & Globe Ins. v. Kearney

Court of Appeals for the Eighth Circuit

Decided April 10, 1899No. 1,127PublishedCited by 11 opinions

In Error to the United States Court of Appeals in the Indian Territory. This suit is founded on two insurance policies, one for $2,500 and one for $1,000, which were issued by the Liverpool & London & Globe Insurance Company, the plaintiff in error, to T. K. Kearney .and J. W. Wyse, composing the firm of Kearney & Wyse, the defendants in error.

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In Error to the United States Court of Appeals in the Indian Territory. This suit is founded on two insurance policies, one for $2,500 and one for $1,000, which were issued by the Liverpool & London & Globe Insurance Company, the plaintiff in error, to T. K. Kearney .and J. W. Wyse, composing the firm of Kearney & Wyse, the defendants in error. The policies covered a stock of hardware located in the town of Ardmore, in the Indian Territory, which was destroyed by fire on the morning of April 19, 1895, during the life of the policies. For a defense to the claim made under the policies the…

1Opinion of the CourtThayer, Circuit Judge

The defendant below, against whom the judgment was rendered, assigns several errors in the proceedings of the trial court, but each assignment presents only some special phase of the same general question, namely, whether the trial court properly construed and gave due effect to the “iron-safe clause” of the policy, above quoted in the statement. Concerning the facts of the case there is practically no dispute. On the night of April 18, 1895, between the hours of 1 and 3 a. m., a ñre accidentally broke out in a livery stable in the town of Ardmore, which was about 300 yards distant from the…

2Cases cited9 opinions

  1. Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
  2. United States v. KirbySupreme Court of the United States · 1869
  3. Heydenfeldt v. Daney Gold and Silver Mining Co.Supreme Court of the United States · 1877
  4. Brown v. Palatine Insurance Co.Texas Supreme Court · 1896
  5. Davis v. BohleCourt of Appeals for the Eighth Circuit · 1899

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

3Cited by11 opinions

  1. King v. Concordia Fire-InsuranceMichigan Supreme Court · 1905
  2. Standard Life & Accident Ins. v. McNultyCourt of Appeals for the Eighth Circuit · 1907
  3. Knights Templars' & Masons' Life Indemnity Co. v. JarmanCourt of Appeals for the Eighth Circuit · 1900
  4. Coggins v. . Insurance Co.Supreme Court of North Carolina · 1907
  5. Gaut v. American Legion of HonorTennessee Supreme Court · 1901

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

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