Zurich General Accident & Liability Co. v. Mid-Continent Petroleum Co.

Tenth Circuit

Zurich General Accident & Liability Co. v. Mid-Continent Petroleum Co.

43 F.2d 358, 1930 U.S. App. LEXIS 3892

CourtCourt of Appeals for the Tenth Circuit

DecidedSeptember 22, 1930

DocketNo. 173

StatusPublished

Cited by1 cases

This text of 43 F.2d 358 (Zurich General Accident & Liability Co. v. Mid-Continent Petroleum Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Zurich General Accident & Liability Co. v. Mid-Continent Petroleum Co., 43 F.2d 358, 1930 U.S. App. LEXIS 3892 (10th Cir. 1930).

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Opinion

PER CURIAM.

The appellee has formally moved for relief from interest accruing on the judgment herein during the pendency of the appeal. (C. C. A.) 43 F.(2d) 355. The motion is based on the ground that appellee was prevented meantime from paying the judgment. If the record sustained the position taken, the relief would be properly granted. Bates v. Dresser, 251 U. S. 524, 40 S. Ct. 247, 64 L. Ed. 388. But it appears from the judgment entry that the tender of $7,500 was abandoned, when appellee sought to withdraw its answer and file an amended answer “denying any liability whatsoever to the plaintiff,” and moved for judgment to that effect. Appellee’s contest of the entire demand precludes allowance of the motion. It is therefore overruled.

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PER CURIAM.

The appellee has formally moved for relief from interest accruing on the judgment herein during the pendency of the appeal. (C. C. A.) 43 F.(2d) 355. The motion is based on the ground that appellee was prevented meantime from paying the judgment. If the record sustained the position taken, the relief would be properly granted. Bates v. Dresser, 251 U. S. 524, 40 S. Ct. 247, 64 L. Ed. 388. But it appears from the judgment entry that the tender of $7,500 was abandoned, when appellee sought to withdraw its answer and file an amended answer “denying any liability whatsoever to the plaintiff,” and moved for judgment to that effect. Appellee’s contest of the entire demand precludes allowance of the motion. It is therefore overruled.

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43 F.2d 358, 1930 U.S. App. LEXIS 3892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zurich-general-accident-liability-co-v-mid-continent-petroleum-co-ca10-1930.

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