From our private database of 12,700+ case briefs...
Columbia Horse & Mule Commission Co. v. American Ins. Co.
United States Court of Appeals for the Sixth Circuit
173 F.2d 773 (1949)
John Dodd (plaintiff) sued American Ins. Co. (American) (defendant) for damages under an insurance policy for losses that occurred during a fire in Dodd’s rental barns. Dodd alleged that 43 mules were destroyed, but witnesses at trial testified that only 34 mules were lost. The parties’ attorneys agreed to submit a number of questions to the jury for a special verdict. In particular, the jurors were asked whether Dodd set the fire in order to make a fraudulent insurance claim and how many mules were lost in the fire. The jury determined that Dodd did not set the fire, but that only 34 mules were lost. The judge determined that Dodd’s claim for 43 mules constituted “willful and material representation and a false swearing in,” which voided the insurance policy. The court dismissed Dodd’s claim. Dodd appealed to the United States Court of Appeals for the Sixth Circuit on the ground that the jury should have properly determined whether Dodd made “willfully false and fraudulent” statements.
Rule of Law
Holding and Reasoning (Allen, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 120,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 12,700 briefs, keyed to 172 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.