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HAYAT CARPET CLEANING CO. v. NORTHERN ASSUR. CO.

No. 319.

69 F.2d 805 (1934)

HAYAT CARPET CLEANING CO., Inc., v. NORTHERN ASSUR. CO., LIMITED, OF LONDON.

Circuit Court of Appeals, Second Circuit.

March 12, 1934.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City (John M. Aherne and George S. Brengle, both of New York City, of counsel), for appellant.

Joseph S. Robinson, of New York City (John P. McGrath, of Brooklyn, N. Y., of counsel), for appellee.

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

L. HAND, Circuit Judge.

The plaintiff sued upon a policy of burglary insurance and the defence was that the insured had been guilty of a material misrepresentation, in reliance upon which the insurer had bound the risk. An insurance broker, one Rohl, acted for the plaintiff in procuring the policy, and provisionally took out a "binder" until the formal policy was prepared. In this binder were inserted the words: "N. D. T. central station alarm. #III," derived from...

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