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DEGENER v. HARTFORD ACCIDENT & INDEMNITY CO.

No. 6364.

92 F.2d 959 (1937)

DEGENER et al. v. HARTFORD ACCIDENT & INDEMNITY CO.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied November 30, 1937.

Attorney(s) appearing for the Case

John E. Evans, Sr., John E. Evans, Jr., and Margiotti, Pugliese, Evans & Buckley, Linus P. McGuiness, and John M. Gallagher, all of Pittsburgh, Pa., for appellant.

Gifford K. Wright, of Pittsburgh, Pa. (Alter, Wright & Barron, of Pittsburgh, Pa., of counsel), for appellee.

Before BUFFINGTON and BIGGS, Circuit Judges, and DICKINSON, District Judge.

BUFFINGTON, Circuit Judge.

In a state court, Chaplin & Co. brought suit against the defendant insurance company to recover damages sustained by it for which defendant, as alleged, was liable on its indemnity bond given to the plaintiff. No facts being in dispute, the case was heard by the court on the plaintiff's motion for judgment for want, as was alleged, of a sufficient affidavit of defense. After hearing, the court, in an opinion1

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