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TAYLOR v. AMERICAN LIABILITY CO.

No. 5685.

48 F.2d 592 (1931)

TAYLOR et al. v. AMERICAN LIABILITY CO.

Circuit Court of Appeals, Sixth Circuit.

April 10, 1931.

Attorney(s) appearing for the Case

J. Smith Hays and D. L. Pendleton, both of Winchester, Ky. (M. C. Redwine, V. W. Bush, and H. T. Lisle, all of Winchester, Ky., on the brief), for appellants.

B. R. Jouett, of Winchester, Ky. (John T. Metcalf and Jouett & Metcalf, all of Winchester, Ky., on the brief), for appellee.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.

HICKENLOOPER, Circuit Judge.

This was originally an action by the insurer to cancel a policy of automobile liability insurance because of misrepresentations material to the risk in the schedule of warranties. The defendant filed his answer and by counterclaim also sought judgment for a policy loss which he is alleged to have suffered. When the case was called for trial, the two issues, at law and in equity, were submitted together, a jury being waived by stipulation...

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