O. HENRY TENT & AWNING CO.

v.

COMMONWEALTH INSURANCE CO. OF NEW YORK ET AL.

Citator

Cited By (20 total)

• Am. Motorists Ins. Co. v. Farrey's Wholesale Hardware Co., Inc., 507 So. 2d 642 (Fla. 3d DCA 1987)
  …erchandise and of determining a premium directly proportionate to the risk declared by the insured. This is a condition of benefit to the insured.” Commonwealth Ins. Co. v. O. Henry Tent & Awning Co., 287 F. 2d 316, 319-20 (7th Cir.), cert. denied, 368 U.S. 826, 82 S.Ct. 45, 7 L.Ed.2d 29 (1961). Although Farrey’s method of reporting for the period involving the claimed loss was in conformity with its reporting practices during the three years prior to this loss, this tradition of two-step reporting where…
• Bros Inc. v. W. E. Grace Mfg. Co. & William E. Grace, 320 F.2d 594 (5th Cir. 1963)
  …he State where rendered * * Apart from special statutes, see, e. g., 28 U.S.C.A. § 2283, this applies to state and federal courts. Comment e. . See Geuder Paeschke & Frey Co. v. Clark, 7 Cir., 1961, 288 F. 2d 1, 85 A.L.R.2d 766, cert. denied, 1961, 368 U.S. 826, 82 S.Ct. 47, 7 L.Ed.2d 30; In re Potts, 1897, 166 U.S. 263, 17 S.Ct. 520, 41 L.Ed. 994; Butcher & Sherrerd v. Welsh, 3 Cir., 1953, 206 F. 2d 259; Hazel-Atlas Co. v. Hartford-Empire Co., 1944, 322 U.S. 238, 64 S.Ct. 997, 88 L.Ed. 1250; and authoriti…
• McCANDLESS v. The Great Atl. & Pac. TEA Co., Inc., 697 F.2d 198 (7th Cir. 1983)
  …a quotation might be at least understandable on the part of a careless attorney. But a deliberate misquote calls for strong condemnation.” Quality Molding Co. v. American National Fire Insurance Co., 287 F. 2d 313, 316 (7th Cir.1961), cert. denied, 368 U.S. 826, 82 S.Ct. 45, 7 L.Ed.2d 29. Woolley offered no explanation for the misquote and, under the circumstances, we think that this is strong proof that he was aware of the weakness of his position. Counsel’s attitude toward this case was also evidenced b…