GLOBE & RUTGERS FIRE INS. CO. v. STALLARD

No. 3511.

68 F.2d 237 (1934)

GLOBE & RUTGERS FIRE INS. CO. v. STALLARD et al.

Circuit Court of Appeals, Fourth Circuit.

January 4, 1934.


Attorney(s) appearing for the Case

Donald T. Stant, of Bristol, Va., for appellant.

Thomas L. Hutton, of Abingdon, Va., and J. P. Buchanan, of Marion, Va. (Hutton & Hutton and E. H. Moore, all of Abingdon, Va., on the brief), for appellees.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.


PARKER, Circuit Judge.

This is an appeal from a judgment on a fire insurance policy. The insured was the plaintiff Stallard, his coplaintiffs, the Gilpins, being mortgagees of the insured property protected under the policy by an ordinary loss payable clause. The company pleaded two defenses: (1) Failure on the part of insured to file proofs of loss within sixty days as required by the terms of the policy, and (2) false swearing in the proofs of loss as finally filed...

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