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NEW YORK UNDERWRITERS' FIRE INS. CO. v. MALHAM & CO.

Nos. 7982, 7983.

25 F.2d 415 (1928)

NEW YORK UNDERWRITERS' FIRE INS. CO. v. MALHAM & CO. STERLING FIRE INS. CO. v. SAME.

Circuit Court of Appeals, Eighth Circuit.

March 30, 1928.

Attorney(s) appearing for the Case

R. Lee Bartels, of Memphis, Tenn., for plaintiff in error New York Underwriters' Fire Ins. Co.

Thomas Clark Trimble, of Lonoke, Ark., for plaintiff in error Sterling Fire Ins. Co.

W. Wilson Sharp, of Brinkley, Ark. (G. Otis Bogle, of Brinkley, Ark., on the brief), for defendant in error.

Before LEWIS and KENYON, Circuit Judges, and KENNEDY, District Judge.

KENYON, Circuit Judge.

The stock of merchandise of defendants in error, a partnership composed of Raymond Malham, Joe Malham, and R. Mahfouz (hereinafter designated the insured), engaged in the mercantile business at Brinkley, Ark., was partially destroyed by fire on the 12th day of December, 1926. The New York Fire Insurance Company, plaintiff in error in case No. 7982 (hereinafter designated the New York Company) had issued a policy which was in effect at the time...

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