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CAMDEN FIRE INS. ASS'N v. PENICK

No. 4241.

2 F.2d 964 (1924)

CAMDEN FIRE INS. ASS'N v. PENICK.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 23, 1924.

Attorney(s) appearing for the Case

Daniel MacDougald, of Atlanta, Ga., and W. L. Erwin, of Athens, Ga. (Spalding, MacDougald & Sibley, of Atlanta, Ga., and Erwin, Erwin & Nix, of Athens, Ga., on the brief), for plaintiff in error.

Kirby S. Anderson, of Madison, Ga., and Jos. E. Pottle, of Milledgeville, Ga. (Anderson & Wood and A. G. Foster, all of Madison, Ga., on the brief), for defendant in error.

Before WALKER, BRYAN, and KING, Circuit Judges.

BRYAN, Circuit Judge.

This is a suit for the proportion of the value of cotton covered by the defendant company's fire insurance policy. Plaintiff's warehouse and the cotton stored therein were destroyed by fire. The insurance policy contains the provisions that the insured within 60 days after the fire shall render to the insurer a sworn statement of the amount of loss and that the policy shall be void in case of fraud or false swearing by the insured touching any...

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