FIDELITY-PHENIX FIRE INS. CO. OF NEW YORK v. GLASOW

No. 3856.

18 F.2d 957 (1927)

FIDELITY-PHENIX FIRE INS. CO. OF NEW YORK v. GLASOW.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied May 28, 1927.


Attorney(s) appearing for the Case

Robt. J. Folonie, of Chicago, Ill., for plaintiff in error.

L. P. Fox, of Chilton, Wis., for defendant in error.

Before EVANS, PAGE, and ANDERSON, Circuit Judges.


PER CURIAM.

Defendant in error brought this action on an insurance policy to recover a fire loss. The sole defense was an alleged cancellation of the policy the day before the fire occurred. At the close of the evidence, both parties moved for a directed verdict. The court granted plaintiff's motion, the parties having agreed upon the amount of the loss.

Our inquiry is a simple one. Was the evidence on the issue of cancellation conflicting? For, to justify...

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