EAGLE INDEMNITY CO. v. DIEHL

No. 5435.

27 F.2d 76 (1928)

EAGLE INDEMNITY CO. v. DIEHL.

Circuit Court of Appeals, Ninth Circuit.

June 11, 1928.


Attorney(s) appearing for the Case

E. L. McDougal, of Portland, Or., for appellant.

Lord & Moulton and Floyd D. Moore, all of Portland, Or., for appellee.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.


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

The only assignment of error is that the court below denied the appellant's motion for an instructed verdict in its favor, which motion, it is contended, should have been granted for want of proof of the insolvency or bankruptcy of the insured. Upon that issue there was the proof of the return of the sheriff that he had been unable to find any property, personal or real, belonging to the insured within the...

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