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DAMEN & JARVIS BLDG. CORPORATION v. MECHANICS' INS. CO.

No. 5593.

83 F.2d 793 (1936)

DAMEN & JARVIS BLDG. CORPORATION v. MECHANICS' INS. CO.

Circuit Court of Appeals, Seventh Circuit.

May 13, 1936.

Attorney(s) appearing for the Case

Hirsch E. Soble and Albert Langeluttig, both of Chicago, Ill., for appellant.

Frederick D. Silber, Donald N. Clausen, and Herbert W. Hirsh, all of Chicago, Ill., for appellee.

Before EVANS and SPARKS, Circuit Judges, and LINDLEY, District Judge.

SPARKS, Circuit Judge.

This appeal is prosecuted from a judgment in favor of the insurer under a fire insurance policy, entered by the court following appellant's election to stand by its demurrer to appellee's plea, which alleged cancellation of the policy in suit. The question raised is as to the sufficiency of appellee's acts to bring about a cancellation of the policy.

The declaration alleged the execution and delivery of the policy on October 29, 1929...

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