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PHŒNIX ASSUR. CO., LIMITED, OF LONDON, ENGLAND, v. DAVIS

No. 7095.

67 F.2d 824 (1933)

PHŒNIX ASSUR. CO., LIMITED, OF LONDON, ENGLAND, v. DAVIS.

Circuit Court of Appeals, Fifth Circuit.

December 8, 1933.

Attorney(s) appearing for the Case

T. M. West and Nat L. Hardy, both of San Antonio, Tex., for appellant.

Theo. F. Weiss, of San Antonio, Tex., for appellee.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

Davis had a policy for $5,500 on his household goods with Phœnix Assurance Company, Limited. A fire totally destroyed part of the insured goods and injured others, causing a loss which he claimed exceeded the amount of the policy. Deen, as adjuster for the company, had Davis make an inventory and with him inspected the damaged goods and after reflection set down a loss figure for each item. These figures aggregated according to a memorandum...

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