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MASSACHUSETTS FIRE & MARINE INS. CO. v. SCHNEIDER

No. 5204.

28 F.2d 658 (1928)

MASSACHUSETTS FIRE & MARINE INS. CO. v. SCHNEIDER.

Circuit Court of Appeals, Fifth Circuit.

November 3, 1928.

Attorney(s) appearing for the Case

T. A. Hammond, of Atlanta, Ga., and Wm. M. Howard, of Augusta, Ga., for appellant.

Rodney S. Cohen, of Augusta, Ga., and J. Wm. Thurmond, of Edgefield, S. C. (Herbert C. Gray, of Augusta, Ga., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

Appellee brought suit to recover on a policy of fire insurance of $10,000, issued by appellant, to cover a stock of merchandise in a department store operated by appellee at Fairfax, S. C., and secured a verdict and judgment for $9,948.63. The defense, raised in various ways unnecessary to state in detail, was that the policy was void by reason of a breach of the so-called iron-safe clause in failing to take an inventory and keep and produce...

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