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NONANTUM INV. CO. v. MARYLAND CASUALTY CO.

No. 2567.

56 F.2d 329 (1932)

NONANTUM INV. CO. v. MARYLAND CASUALTY CO.

Circuit Court of Appeals, First Circuit.

February 25, 1932.

Attorney(s) appearing for the Case

J. N. Welch, of Boston, Mass. (Hale & Dorr and David Burstein, all of Boston, Mass., on the brief), for appellant.

Arthur E. Whittemore, of Boston, Mass. (Nutter, McClennen & Fish and E. Curtiss Mower, Jr., all of Boston, Mass., on the brief), for appellee.

Before BINGHAM and WILSON, Circuit Judges, and MORRIS, District Judge.

MORRIS, District Judge.

This is a suit on a bond of fidelity insurance and comes to this court on the exceptions of the plaintiff from an order of the trial judge directing a verdict for the defendant. The principal issue in the case is whether the application for the bond contained such misrepresentations as to vitiate the policy.

Two errors are assigned as follows: "1. The court erred in admitting in evidence over the objection of the plaintiff the application...

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