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HARRISS v. INDEMNITY INS. CO. OF NORTH AMERICA

No. 46.

93 F.2d 459 (1937)

HARRISS et al. v. INDEMNITY INS. CO. OF NORTH AMERICA et al.

Circuit Court of Appeals, Second Circuit.

December 13, 1937.

Attorney(s) appearing for the Case

Warner Pyne, Jacob Scholer, and Milton Kunen, all of New York City, for plaintiffs.

James I. Cuff, of New York City, for defendant Indemnity Insurance Company of North America.

William J. McArthur, of New York City, for defendant United States Fidelity & Guaranty Co.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

The plaintiffs are a firm of stockbrokers. Their action sought recovery of $100,000 from each of the defendants upon a "brokers' blanket bond," insuring in an amount of $200,000 against losses sustained through the dishonesty of employees. Jurisdiction of the District Court rested upon diversity of citizenship. The case was tried to the court and a jury of one. At the conclusion of the trial each side moved for a directed verdict. The court directed...

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