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AMERICAN EAGLE FIRE INS. CO. v. VAUGHAN

No. 2876.

35 F.2d 147 (1929)

AMERICAN EAGLE FIRE INS. CO. v. VAUGHAN et al.

Circuit Court of Appeals, Fourth Circuit.

October 15, 1929.

Attorney(s) appearing for the Case

Stanley Winborne, of Murfreesboro, N. C., and P. W. McMullan, of Elizabeth City, N. C., for appellant.

D. C. Barnes, of Murfreesboro, N. C., and W. H. S. Burgwyn, of Jackson, N. C. (Burgwyn & Norfleet, of Jackson, N. C., on the brief), for appellees.

Before PARKER and NORTHCOTT, Circuit Judges, and SOPER, District Judge.

PARKER, Circuit Judge.

This action was instituted in the court below by the trustees of a colored Baptist church to recover on a fire insurance policy issued by the American Eagle Fire Insurance Company on a church building and furniture. The company defended on the ground that the policy had been avoided by the procuring of other insurance and by false swearing in the proofs of loss. At the conclusion of the evidence, the trial judge excluded defendant's evidence...

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