SOUTHERN SURETY CO. v. FIDELITY & CASUALTY CO.

No. 9003.

50 F.2d 16 (1931)

SOUTHERN SURETY CO. v. FIDELITY & CASUALTY CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied June 18, 1931.


Attorney(s) appearing for the Case

J. L. Parrish, of Des Moines, Iowa, for appellant.

Sidney J. Dillon, of Des Moines, Iowa, for appellee.

Before STONE and GARDNER, Circuit Judges, and WOODROUGH, District Judge.


GARDNER, Circuit Judge.

The appellant, as plaintiff, brought suit against the appellee to recover on a reinsurance contract. No question is raised on the pleadings, but it should be noted that, in addition to its general denial, the defendant, in its amended and substituted answer, pleaded as an affirmative defense: (1) A fraudulent concealment of facts material to the risk; (2) the failure of Harris to secure from the Drovers' National Bank a depository bond; (3...

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