ADALIAN'S, INC. v. FIDELITY-PHENIX FIRE INS. CO.

No. 7700.

81 F.2d 226 (1936)

ADALIAN'S, Inc., v. FIDELITY-PHENIX FIRE INS. CO. OF NEW YORK.

Circuit Court of Appeals, Fifth Circuit.

January 22, 1936.


Attorney(s) appearing for the Case

Thomas A. Cunniff, of St. Petersburg, Fla., for appellant.

Gates Ivy, of Tampa, Fla., for appellee.

Before FOSTER, SIBLEY, and WALKER, Circuit Judges.


SIBLEY, Circuit Judge.

Appellant, plaintiff in the court below, complains of the dismissal on demurrer of his declaration in an action at law to recover for the theft on December 31, 1931, of merchandise while transported by means of his own automobile and trailer. The declaration alleges the making by defendant for a consideration of $125 of a policy of insurance against loss by fire or theft of plaintiff's merchandise to be shipped during a term from September 8...

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