HOME INDEMNITY CO. OF NEW YORK v. PETERS

No. 8110.

86 F.2d 916 (1936)

HOME INDEMNITY CO. OF NEW YORK v. PETERS et al.

Circuit Court of Appeals, Fifth Circuit.

December 8, 1936.


Attorney(s) appearing for the Case

J. F. Battaile, of Houston, Tex., for appellant.

Ben Campbell, of Houston, Tex., and V. A. Collins and Farquhar Campbell, both of Livingston, Tex., for appellees.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.


HUTCHESON, Circuit Judge.

The suit was in equity to cancel, as null and void from the beginning, an automobile policy insuring against public liability and property damage, issued to one A. H. Peters. As originally filed, A. H. Peters and J. S. Peters, his guardian were the only defendants. The claim on the merits was that the policy was void, because A. H. Peters was, when the policy was issued, under court guardianship as insane, and it had been issued by the plaintiff...

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