Ex Parte Phoenix Ins. Co. Of London, England, and Others. 1
Cases that cite this one
11 later published cases cite this decision.
- Riccardi v. United States Fidelity & Guaranty Co. (District Court, W.D. Missouri 1963)
- United States v. Sentinel Fire Ins. Co. (5th Cir. 1949)
- Faasen v. State Farm Fire & Casualty Co. (District Court, W.D. Michigan 1995)
- Possidenti v. Mechanics & Traders Insurance (District Court, D. Maryland 1955)
- Fechheimer Bros. v. Barnwasser (District Court, E.D. Kentucky 1944)
- Pioneer Coal Co. v. Bush (District Court, E.D. Kentucky 1936)
- Atlas Assurance Company, Ltd. v. Harper (3d Cir. 1975)
- Atlas Assurance Co. v. Harper, Robinson Shipping Co. (9th Cir. 1975)
- Robertson v. Conway (6th Cir. 1911)
- Wisconsin Cent. Ry. Co. v. Phœnix Ins. (District Court, E.D. Wisconsin 1903)
- Gibson v. Shufeldt (Supreme Court of the United States 1887)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
6 S.Ct. 772
Ex parte PHOENIX INS. CO. OF LONDON, ENGLAND, and others.1
Filed March 29, 1886.
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[Statement of Case from pages 367-369 intentionally omitted]
W. S. B. Hopkins, for petitioner.
M. H. Goddard, for respondent.
WAITE, C. J.
The rule is well settled that distinct decrees against distinct parties on distinct causes of action, or on a single cause of action in which there are distinct liabilities, cannot be joined to give this court jurisdiction on appeal. Seaver v. Bigelows, 5 Wall. 208; Ex parte Baltimore & O. R. Co., 106 U. S. 5; S. C. 1 Sup. Ct. Rep. 35; Schwed v. Smith, 106 U. S. 188; S. C. 1 Sup. Ct. Rep. 221; Farmers' Loan & Trust Co. v. Waterman, 106 U. S. 270; S. C. 1 Sup. Ct. Rep. 131; Adams v. Crittenden, 106 U. S. 577; S. C. 1 Sup. Ct. Rep. 92; Hawley v. Fairbanks, 108 U. S. 548; S. C. 2 Sup. Ct. Rep. 846; Fourth Nat. Bank v. Stout, 113 U. S. 684; S. C. 5 Sup. Ct. Rep. 695; Stewart v. Dunham, 115 U. S. 64; S. C. 5 Sup. Ct. Rep. 1163. This is such a case. The suit was brought on a single instrument, by which, as it was adjudged, an agent of the several insurance companies named bound them severally, each for its proportionate share of one-fourth, to insure the property of Mrs. Helen M. Fitton for $12,000, and the decree is against each company separately for its separate obligation under this instrument, to-wit, $3,453.50, and no more. The bill alleged the separate liability of each company, and prayed, in substance, for decrees against them severally for the proportion assumed by each in the contract. Each company answered separately, all setting up the same defenses. Under these circumstances it was right for the circuit court to refuse the allowance of an appeal, and the petition for a mandamus is consequently denied.
S.C. 20 Fed. Rep. 766, and 23 Fed. Rep. 3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.