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HARRIS v. NORTH BRITISH & MERCANTILE INS. CO. LTD.

No. 5405.

30 F.2d 94 (1929)

HARRIS v. NORTH BRITISH & MERCANTILE INS. CO., Limited.

Circuit Court of Appeals, Fifth Circuit.

January 17, 1929.

Attorney(s) appearing for the Case

William L. Erwin and Abit Nix, both of Athens, Ga., and H. C. Cox, of Monroe, Ga. (J. L. Newton, of Social Circle, Ga., and Erwin, Erwin & Nix, of Athens, Ga., on the brief), for appellant.

T. A. Hammond and Alex W. Smith, Jr., both of Atlanta, Ga. (Smith, Hammond & Smith, of Atlanta, Ga., and Walter G. Cornett, of Athens, Ga., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

This was an action on a policy of fire insurance. The insured alleged a loss by fire that was covered by the policy, but his petition affirmatively disclosed that he had failed to make sworn proof of loss within 60 days after the fire. On motion of the insurer, judgment was entered dismissing the petition; and the insured appeals.

The policy sued on was in the New York standard form. It contains several requirements with which the insured...

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