DAVIES v. HARTFORD FIRE INS. CO.

No. 10094.

75 F.2d 442 (1935)

DAVIES v. HARTFORD FIRE INS. CO.

Circuit Court of Appeals, Eighth Circuit.

February 14, 1935.


Attorney(s) appearing for the Case

Dan McCutchen, of Belle Fourche, S. D., for appellant.

C. G. Myers and C. F. Snerly, both of Chicago, Ill., and A. R. Denu, George Philip, and Boyd Leedom, all of Rapid City, S. D., for appellee.

Before GARDNER, SANBORN, and VAN VALKENBURGH, Circuit Judges.


SANBORN, Circuit Judge.

This appeal is from a judgment of dismissal entered upon an order sustaining a general demurrer to a complaint in an action at law upon a policy of fire insurance issued by the defendant (appellee) to the plaintiff (appellant). The question presented is whether the court erred in sustaining the demurrer.

The facts alleged in the complaint, which are to be taken as true for the purpose of determining this question, are in substance as...

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