ST. PAUL FIRE & M. INS. CO. v. GARZA COUNTY W. & M. ASS'N.

No. 8486.

93 F.2d 590 (1937)

ST. PAUL FIRE & MARINE INS. CO. v. GARZA COUNTY WAREHOUSE & MARKETING ASS'N.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 13, 1938.


Attorney(s) appearing for the Case

L. E. Elliott, 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 appellant as insurer to appellee as assured, covering cotton held by the assured in trust or on commission, or in storage for the account of customers while contained in plaintiff's warehouse. The claim was that, while so covered, cotton there was on January 17, 1936, destroyed by fire.

Defendant admitted the making of the contract. It defended on the ground that by paragraph 7 of its policy...

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