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ZEIG v. MASSACHUSETTS BONDING & INS. CO.

No. 101.

23 F.2d 665 (1928)

ZEIG v. MASSACHUSETTS BONDING & INS. CO.

Circuit Court of Appeals, Second Circuit.

January 9, 1928.

Attorney(s) appearing for the Case

Kopp, Markewich & Null, of New York City (Samuel Null, of New York City, of counsel), for plaintiff in error.

Joseph L. Prager, of New York City (Fred Boehm, of New York City, of counsel), for defendant in error.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

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

The defendant argues that it was necessary for the plaintiff actually to collect the full amount of the policies for $15,000, in order to "exhaust" that insurance. Such a construction of the policy sued on seems unnecessarily stringent. It is doubtless true that the parties could impose such a condition precedent to liability upon the policy, if they chose to do so. But the defendant had no rational...

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