NORWICH UNION INDEMNITY CO. v. H. KOBACKER & SONS CO.

No. 5103.

31 F.2d 411 (1929)

NORWICH UNION INDEMNITY CO. v. H. KOBACKER & SONS CO.

Circuit Court of Appeals, Sixth Circuit.

March 15, 1929.


Attorney(s) appearing for the Case

Frank X. Cull, of Cleveland, Ohio (Bulkley, Hauxhurst, Jamison & Sharp and Raymond G. Hengst, all of Cleveland, Ohio, on the brief), for plaintiff in error.

James I. Boulger, of Columbus, Ohio (E. J. Schanfarber, of Columbus, Ohio, on the brief), for defendant in error.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.


HICKENLOOPER, Circuit Judge.

This was an action at law, brought by the defendant in error to recover upon a policy of burglary insurance. No formal application was made by the insured, but answers to certain questions in the schedule were supplied by the soliciting agent upon his then mistaken understanding of the facts. Such schedule contained inter alia the following:

"Schedule.

"The following statements, No. 1 to 8, inclusive, are hereby made...

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