Rochester German Ins. v. Schmidt

Citations

• 126 F. 998
• 1904 U.S. App. LEXIS 4590

Syllabus

<p>1. Insurance — Valued Policies — Statutes—Noncompliance.</p> <p>Where, in a suit to restrain the prosecution of suits on certain policies, the bill alleged that the value of the property insured was not agreed on at the time of issuing the insurance, as authorized by Code S. C. § 1816, and such averment was admitted by a demurrer to the bill, such section had no application to the controversy.</p> <p>2. Same — Several Insurers — Pro Rata Liability — Federal Courts — Removal — Injunction.</p> <p>Where several insurers were only pro rata liable for loss, if liable at all, and several suits in the state courts had been brought against them, to which the same defenses were interposed, and some of the suits were removed to the federal courts,'but others could not be removed because of the insufficiency of the amount in controversy, prosecution of the suits at law both in the federal and state courts might be enjoined by a bill in the federal court to have the liabilities of the various insurers determined and adjusted by the federal court, as a court of equity, under such bill.</p> <p>8, Same — Ancillary Bill — Jurisdiction.</p> <p>Where several insurers were liable, if at all, proportionately to the amount the insurance of each bore to the amount of the loss, and suits against some of them had been removed to the federal court, and the same defenses had been interposed on behalf of all, a bill in the federal court to restrain the suits at law and to adjust the liability of the various insurers was an ancillary, and not an original, bill; and hence the jurisdiction of- the federal court did not depend on the citizenship of the parties or the amount involved.</p> <p>2. .Federal courts enjoining proceedings in state courts, see notes to Garner v. Second Nat. Bank, 16 C. C. A. 90; Central Trust Co. v. Grantham, 27 C. C. A. 575.</p> <p>IT 3. Supplementary and ancillary proceedings and relief in federal courts, see note to Toledo, St. L. & K. C. R. Co. v. Continental Trust