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HARTFORD LIVE STOCK INS. CO. v. McMILLEN

No. 4412.

9 F.2d 961 (1925)

HARTFORD LIVE STOCK INS. CO. v. McMILLEN.

Circuit Court of Appeals, Sixth Circuit.

December 11, 1925.

Attorney(s) appearing for the Case

C. G. Myers, of Chicago, Ill., and C. W. Sellers, of Cleveland, Ohio (Myers & Snerly, of Chicago, Ill., and Thompson, Hine & Flory, of Cleveland, Ohio, on the brief), for plaintiff in error.

P. J. Mulligan, of Cleveland, Ohio (Bernon, Mulligan, Keeley & Le Fevre and H. E. King, all of Cleveland, Ohio, on the brief), for defendant in error.

Before DONAHUE, MACK, and MOORMAN, Circuit Judges.

MOORMAN, Circuit Judge.

John H. McMillen, defendant in error, filed this suit against the plaintiff in error, Hartford Live Stock Insurance Company, asserting two causes of action: The first, on a draft for $23,000 issued in payment of an insurance policy on a race horse named Flintstone, which, when indorsed and presented for payment, was dishonored; the second, on a policy of insurance for $15,000 on a horse, Wheaton, that died while the policy, as alleged, was...

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