Phoenix Ins Co. of Brooklyn, N.Y. v. Leonard

• Decision Date: 07 October 1902
• Docket Number: 879.
• Parties: PHENIX INS. CO. OF BROOKLYN, N.Y., v. LEONARD.
• Court: U.S. Court of Appeals — Seventh Circuit

121 F. 1021

PHENIX INS. CO. OF BROOKLYN, N.Y., v. LEONARD.

No. 879.

United States Court of Appeals, Seventh Circuit.

October 7, 1902

In Error to the Circuit Court of the United States for the Northern Division of the Northern District of Illinois.

D. J. Schuyler, for plaintiff in error.

Myron H. Beach, for defendant in error.

Before JENKINS, GROSSCUP, and BAKER, Circuit Judges.

PER CURIAM.

The principal and controlling questions are the same as in Orient Ins. Co. v. Leonard (herewith decided) 120 F. 808. In that case, the former decision of this court in Leonard v. Orient Ins. Co., 48 C.C.A. 369, 109 F. 286, 54 L.R.A. 706, furnished the law of the case on the construction of the policy. Here it stands simply as a precedent; but it is one we are disposed to follow. A few of the minor questions made on the trial differ from those in the Orient Case. We have examined them carefully and find no error. The judgment is affirmed.