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PENN-NATIONAL HARDWARE MUTUAL v. GENERAL FINANCE CORP.

No. 4792.

16 F.2d 36 (1926)

PENN-NATIONAL HARDWARE MUTUAL et al. v. GENERAL FINANCE CORPORATION.

Circuit Court of Appeals, Fifth Circuit.

December 10, 1926.

Attorney(s) appearing for the Case

Allen R. Grambling, of El Paso, Tex. (Jones, Hardie & Grambling, Lea, McGrady, Thomason & Edwards, and McBroom & Scott, all of El Paso, Tex., on the brief), for plaintiffs in error.

Wm. H. Burges and Joseph G. Bennis, both of El Paso, Tex. (A. H. Culwell, of El Paso, Tex., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

This is an action to recover for losses insured against by a policy of indemnity insurance. The policy was dated May 10, 1924, and was issued by the defendant Penn-National Hardware Mutual in favor of the plaintiff, General Finance Corporation. It provided against "loss resulting from the violation of the terms of any trust receipt, mortgage or lease agreement, conditional sales agreement in which the assured shall have a pecuniary interest,...

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