UNDERWRITERS' FINANCE CORP. v. UNION INDEMNITY CO.

No. 4606.

61 F.2d 865 (1932)

UNDERWRITERS' FINANCE CORPORATION v. UNION INDEMNITY CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied December 19, 1932.


Attorney(s) appearing for the Case

Lawrence A. Cole, Samuel E. Hirsch, J. Robert Cohler, and Albert K. Orschel, all of Chicago, Ill., for appellant.

Church, Haft, Robertson, Crowe & Spence, of Chicago, Ill. (Burt A. Crowe, of Chicago, Ill., of counsel), for appellee.

Before EVANS and SPARKS, Circuit Judges, and WILKERSON, District Judge.


EVANS, Circuit Judge (after stating the facts as above).

Passing directly to the merits of the appeal — the sufficiency of the evidence to require a directed verdict in appellant's favor — we find it necessary to divide appellant's claim. The $7,494 loss which occurred prior to December 31, 1926, is subject to a defense not existent as to the balance of the claim.

The above-quoted provision of the policy which negatived liability unless the loss...

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