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NORTH BRITISH & MERCANTILE INS. CO. v. KARGAS

Nos. 6653, 6654.

76 F.2d 274 (1935)

NORTH BRITISH & MERCANTILE INS. CO. Limited, v. KARGAS et al. CALEDONIAN INS. CO. OF SCOTLAND v. SAME.

Circuit Court of Appeals, Sixth Circuit.

March 14, 1935.

Attorney(s) appearing for the Case

Walters, Carmichael & Head, of Detroit, Mich., for appellants.

F. B. Ferguson, of Detroit, Mich. (John A. Viviano, of Detroit, Mich., on the brief), for appellees.

Before MOORMAN, SIMONS, and ALLEN, Circuit Judges.

MOORMAN, Circuit Judge.

Appellees sued the Caledonian Insurance Company on two policies of fire insurance and the North British and Mercantile Insurance Company on one policy covering the contents of a billiard hall, bowling alley, and confectionery. Each policy contained a provision that the insurer should not be liable for loss or damage to the property insured while it was encumbered by a chattel mortgage "unless otherwise provided by agreement in writing added...

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