MASSACHUSETTS BONDING & INS. CO. v. NORWICH PHARMACAL CO.

No. 249.

18 F.2d 934 (1927)

MASSACHUSETTS BONDING & INS. CO. v. NORWICH PHARMACAL CO.

Circuit Court of Appeals, Second Circuit.

April 4, 1927.


Attorney(s) appearing for the Case

Gannon, Spencer, Michell & Reiley and Charles E. Spencer, all of Syracuse, N. Y., for plaintiff in error.

Gilbert & Gilbert, of New York City (Abraham S. Gilbert, of New York City, of counsel), for defendant in error.

Before MANTON, HAND, and SWAN, Circuit Judges.


HAND, Circuit Judge (after stating the facts as above).

The defendant's first point is that the plaintiff could with reasonable diligence have discovered the defalcations of Kenyon earlier than it did, and that for this reason it had not fulfilled the condition of the policy requiring it to give notice within ten days after discovery. It argues that all the documents which it eventually used to make up the tabulation and prove the loss, were in its possession for...

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