NATIONAL SURETY CO. v. EARL PARK STATE BANK

No. 4859.

63 F.2d 825 (1933)

NATIONAL SURETY CO. v. EARL PARK STATE BANK.

Circuit Court of Appeals, Seventh Circuit.

March 25, 1933.


Attorney(s) appearing for the Case

Frederick Van Nuys, George M. Barnard, and Raymond L. Walker, all of Indianapolis, Ind., for appellant.

Elmore Barce, J. Edward Barce, W. H. Isham, and William S. Isham, all of Fowler, Ind., for appellee.

Before ALSCHULER and EVANS, Circuit Judges, and FITZHENRY, District Judge.


EVANS, Circuit Judge.

The burglary insurance policy upon which this action was predicated covered loss by burglary "of money and securities feloniously abstracted during the day or night." The bank was burglarized in the early morning of May 9, 1929, and cash belonging to it and bonds belonging to customers were carried away by the burglars.

Appellant was promptly notified. It made an investigation and promptly paid appellee's cash loss. It did not, however...

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