Aetna Ins. Co. v. Kennedy to Use of Bogash, 301 U.S. 389 (1937)
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Aetna Ins. Co. v. Kennedy to Use of Bogash
No. 743
Argued April 30, 1937
Decided May 17, 1937 *
301 U.S. 389
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
1. Every reasonable presumption is indulged against waiver of the right of trial by jury. P. 393.
2. A case is not taken from the jury and submitted to the court for decision of fact as well as of law if, accompanying the request of the parties for peremptory instructions, there are other requests in which are reasonably to be implied requests to go to the jury if a peremptory instruction be denied. P. 393.
3. Where the District Court denied the parties’ motions for directed verdicts without reserving any question of law, and unconditional verdicts were returned for defendants, held that neither that court nor the Circuit Court of Appeals had jurisdiction to find or adjudge that notwithstanding the verdicts plaintiff was entitled to recover. Slocum v. New York Life Ins. Co., 228 U.S. 364, 387. Baltimore & C. Line v. Redman, 295 U.S. 654, distinguished. P. 394.
4. Under the Conformity Act, the District Courts follow the practice authorized by state statutes if there be nothing in them that is incongruous with the organization or the fundamental procedure of those courts, or in conflict with Congressional enactment. P. 394.
5. The Conformity Act does not extend to the Circuit Court of Appeals. P. 395.
6. In Pennsylvania, a party who would invoke the power of the trial court to enter judgment non obstante veredicto under Act of April 22, 1905, P.L. 286, should move for such a judgment, not merely for a new trial. P. 394.
7. A mortgagee clause in a fire policy creates a contract of insurance between the mortgagee and the insurer upon the mortgagee’s separate interest. P. 395.
8. Policies of fire insurance, taken out by a second mortgagee but insuring also the first mortgagee, were surrendered by the former, and cancelled without notice to the latter. Evidence held insufficient to prove that this was done with the latter’s consent. P. 396.
87 F.2d 684 modified.
Certiorari, 300 U.S. 651, to review judgments of the Circuit Court of Appeals which reversed judgments of the District Court for the insurers in actions on policies of fire insurance, and which remanded the cases to the District Court with instructions to enter judgments for the insured. See also 87 F. 2d 683.