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HOME INS. CO. OF NEW YORK v. SCOTT

Nos. 5275-5279.

46 F.2d 10 (1930)

HOME INS. CO. OF NEW YORK et al. v. SCOTT, and four other cases.

Circuit Court of Appeals, Sixth Circuit.

December 12, 1930.

Attorney(s) appearing for the Case

Rolland M. Edmonds, of Columbus, Ohio (Mooney, Bibbee & Edmonds, of Columbus, Ohio, on the brief), for appellants.

F. S. Monnett, of Columbus, Ohio (James Joyce, of Cambridge, Ohio, and Elwood Murphy, of Columbus, Ohio, on the brief), for appellee.

Before MOORMAN and HICKENLOOPER, Circuit Judges, and KILLITS, District Judge.

MOORMAN, Circuit Judge.

These suits were brought in the state court and were removed by the several defendants to the federal court, where they were consolidated. Each of them sought a recovery upon a policy of fire insurance issued upon wool, including woolen bags, belonging to plaintiff. To each of them the defense was made that plaintiff had placed a chattel mortgage on the property in violation of a provision in the policies as follows: "This entire policy, unless...

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