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ST. PAUL FIRE & MARINE INS. CO. v. JONES

No. 8658.

98 F.2d 448 (1938)

ST. PAUL FIRE & MARINE INS. CO. v. JONES. JONES v. ST. PAUL FIRE & MARINE INS. CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied August 31, 1938.

Attorney(s) appearing for the Case

Lloyd E. Elliott, of Dallas, Tex., and W. L. Kemper, of Houston, Tex., for appellant and cross-appellee.

Austin Y. Bryan, Jr., of Houston, Tex., C. W. Kennedy, Jr., of Crockett, Tex., and Dan MacDougald, of Atlanta, Ga., for appellee and cross-appellant.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit was to reform for mutual mistake, and to recover on as reformed, a policy of insurance for $50,000, insuring cotton in bales at a named location, against loss or damage by fire. The claim for reformation was that the policy misdescribed the location of the cotton insured. The claim for recovery was that 798 bales of insured cotton, of the value of $47,458.28, had been totally destroyed by fire. The prayer was for reformation of the...

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