ST. PAUL FIRE & MARINE INS. CO. v. KAUFMAN COMPRESS CO.

No. 8322.

93 F.2d 156 (1937)

ST. PAUL FIRE & MARINE INS. CO. v. KAUFMAN COMPRESS CO.

Circuit Court of Appeals, Fifth Circuit.

December 8, 1937.


Attorney(s) appearing for the Case

L. E. Elliott and O. D. Brundidge, both of Dallas, Tex., for appellant.

Dan MacDougald, of Atlanta, Ga., and Austin Y. Bryan, Jr., of Houston, Tex., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.


HUTCHESON, Circuit Judge.

The suit was on a fire policy issued by defendant, appellant, as insurer, to plaintiff, appellee, as assured. It covered cotton in bales owned or held by the assured in trust or on commission, or on storage for the account of customers while contained in appellee's warehouse. The claim was that, while so covered, many bales of cotton were, on September 18, 1935, destroyed by fire.

Defendant admitted making the contract. Its defense...

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