CROSS

v.

MARYLAND CASUALTY CO.

Citator

Cited By

• Bergeron v. Mansour, 152 F.2d 27 (1st Cir. 1945)
  …te of limitations. To allow a party to put forth new defenses on appeal would give him an incentive to postpone such defenses until after he has had his day in court. See New York Life Insurance Co. v. Calhoun, 8 Cir., 114 F. 2d 526, 543, cert. den. 311 U.S. 701, 61 S.Ct. 141, 85 L.Ed. 455. The defendant has shown no injury by virtue of this delay and injury resulting from delay is an essential element of the defense of laches. See Autocar Co. v. Commissioner, 3 Cir., 1936, 84 F. 2d 772, 776. The defendan…
• Goldie v. COX, 130 F.2d 695 (8th Cir. 1942)
  …idered below but is presented here for the first time, this Court will not examine it (Helvering v. Tex-Penn Oil Co., 300 U.S. 481, 498, 57 S.Ct. 569, 81 L.Ed. 755; New York Life Ins. Co. v. Calhoun, 114 F. 2d 526, 543, this Court, certiorari denied 311 U.S. 701, 61 S.Ct. 141, 85 L.Ed. 455; Falstaff Brewing Corp. v. Iowa Fruit & Produce Co., 112 F. 2d 101, 106, this Court. This is emphasized where the matter is one of fact and the record brought here fails to reveal sufficient for a determination of the iss…
• Hardberger AND Smylie v. Emp'rs Mut. Liab. Ins. Co. OF Wis., 444 F.2d 1318 (10th Cir. 1971)
  …trial court leaned heavily on the law applied in Pennsylvania Threshermen & Farmers Mutual Casualty Insurance Co. v. Hartford Accident and Indemnity Co. v. Drake, supra, and Maryland Casualty Co. v. Cross, 112 F. 2d 58 (5th Cir. 1940), cert. denied 311 U.S. 701, 61 S.Ct. 141, 85 L.Ed. 455 (1940), for its finding that: “The fair and practical construction of the Employers Mutual Liability Insurance policy is that when the plaintiffs attached their hired tractor to a trailer of V. J. Jones Construction Comp…