BRONX FIRE INS. CO. v. WASSON

No. 685.

62 F.2d 556 (1932)

BRONX FIRE INS. CO. v. WASSON.

Circuit Court of Appeals, Tenth Circuit.

December 28, 1932.


Attorney(s) appearing for the Case

Arnold C. Todd, of Wichita, Kan. (James G. Norton, Carl O. Bauman, and Julian E. Ralston, all of Wichita, Kan., and Wendell P. Barker, of New York City, on the brief), for appellant.

Roy H. Wasson, pro se, and C. H. Pugh, both of Wichita, Kan. (E. L. Foulke, of Wichita, Kan., on the brief), for appellee.

Before COTTERAL, PHILLIPS, and McDERMOTT, Circuit Judges.


McDERMOTT, Circuit Judge.

This is an unusual case. A judgment was rendered upon a policy of fire insurance. The insured, at the trial, disclaimed any interest in the policy or the property insured. The policy was issued at the request of a stranger, attached to a draft and sent to a bank for collection of the premium; the insured declined to pay the draft or accept the policy; the bank, upon advice of its counsel, mailed it to the clerk of the court. Recovery was...

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