MARYLAND CASUALTY CO. v. FIRST NAT. BANK

No. 7922.

82 F.2d 465 (1936)

MARYLAND CASUALTY CO. v. FIRST NAT. BANK OF ATLANTA, TEX.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 16, 1936.


Attorney(s) appearing for the Case

Rollin W. Rodgers, of Texarkana, Tex., for appellant.

Hugh Carney, of Atlanta, Tex., for appellee.

Before FOSTER, HUTCHESON, and WALKER, Circuit Judges.


HUTCHESON, Circuit Judge.

On December 9, 1933, appellant, in consideration of a premium of $128.80, issued its policy insuring appellee against loss by burglary and by robbery in the sum of $10,000, from January 9, 1934 noon, to January 9, 1935 noon. On or about February 1, 1934, after the policy had been in effect thirty days, defendant's agent, the one who had procured appellee to write the policy, as an entirely new matter and not in any wise pursuant to any agreement...

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