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INGRAM v. FIDELITY-PHŒNIX FIRE INS. CO.

No. 7112.

16 F.2d 251 (1926)

INGRAM et al. v. FIDELITY-PHŒNIX FIRE INS. CO. OF NEW YORK et al.

Circuit Court of Appeals, Eighth Circuit.

November 15, 1926.

Attorney(s) appearing for the Case

William Neff, of Tulsa, Okl. (Lewis E. Neff, of Tulsa, Okl., and Harry G. Davis, of Muskogee, Okl., on the brief), for plaintiffs in error.

Frank E. Lee, of Oklahoma City, Okl. (F. A. Rittenhouse and John F. Webster, both of Oklahoma City, Okl., on the brief), for defendants in error.

Before STONE, VAN VALKENBURGH, and BOOTH, Circuit Judges.

STONE, Circuit Judge.

This is an action on a fire insurance policy covering $4,000 on a dwelling and $1,000 on the contents. The verdict and judgment was for $1,000. While the verdict does not specify whether the recovery was upon the house or the contents or both, yet the undisputed evidence and the issues before the jury, as framed by the charge, make it clear that such recovery was for the contents only. Plaintiffs below sued out this writ of error.

The...

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