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HARE & CASE v. NATIONAL SURETY CO.

No. 399.

60 F.2d 909 (1932)

HARE & CHASE, Inc., v. NATIONAL SURETY CO.

Circuit Court of Appeals, Second Circuit.

July 29, 1932.

Attorney(s) appearing for the Case

Lord, Day & Lord, of New York City (Henry De Forest Baldwin, Sherman Baldwin, and Woodson D. Scott, all of New York City, of counsel), for National Surety Co.

Hartwell Cabell, of New York City (Cabell, Ignatius & Lown, of New York City, and Joseph S. Clark, Sr., and Joseph S. Clark, Jr., both of Philadelphia, Pa., of counsel), for Hare & Chase, Inc.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

The plaintiff's appeal presents a single question of law, namely, the correctness of the District Court's ruling that the plaintiff is estopped from claiming that losses arising from taxicab obligations acquired by Hare & Chase, Inc., from the General Finance Corporation are within the coverage of the insurance contract in suit. This ruling is based upon findings of fact respecting the plaintiff's representations and silence while the contract...

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