Reading Ins. v. Egelhoff

Citations

• 115 F. 393
• 1902 U.S. App. LEXIS 4940

Syllabus

<p>1. Equity — Findings of Master — Review.</p> <p>The finding of a master as to the value of a stock of goods before and after a fire, made on a careful and impartial review of conflicting evidence, will be accepted by the court unless manifestly erroneous.</p> <p>8. Same.</p> <p>Where it appears from the report of a master, which is not contradicted, that neither party requested a finding on a particular matter, but the same was virtually waived, the court will not, on exceptions to the report, refer it back to have such finding made.</p> <p>8. Insurance — Interest on Amount of Loss — Date of Commencement.</p> <p>Under a provision of insurance policies that “the loss shall not become payable until 60 days after notice, ascertainment, estimate, and satisfactory proof of the loss herein required have been received by this company, including an award by appraisers, when appraisal has been required,” where there has been no appraisal by arbitrators, the loss becomes “due and payable” 60 days after proofs of loss, within the meaning of the Missouri statute fixing the time from which a claim arising on a written contract shall draw interest.1</p> <p>4. Same — Valuation of Goods — Proceeds of Sale at Auction.</p> <p>An insured who, pending efforts at an arbitration to determine the damage to goods by fire, against the protest of the insurance companies, proceeds to sell such goods at auction, cannot insist that the companies are concluded as to their value by the amount realized.</p>