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HARTFORD ACCIDENT & INDEM. CO. v. FIFTH-THIRD U. T. CO.

No. 8109.

111 F.2d 762 (1940)

HARTFORD ACCIDENT & INDEMNITY CO. v. FIFTH-THIRD UNION TRUST CO.

Circuit Court of Appeals, Sixth Circuit.

May 15, 1940.

Attorney(s) appearing for the Case

Robert Adair Black, of Cincinnati, Ohio, for appellant.

Joseph S. Graydon, of Cincinnati, Ohio, (Joseph S. Graydon, Joseph L. Lackner, Wm. A. McKenzie, and Maxwell & Ramsey, all of Cincinnati, Ohio, on the brief), for appellee.

Before HICKS, SIMONS, and ARANT, Circuit Judges.

ARANT, Circuit Judge.

In August, 1933, Albert Keniston sustained personal injuries alleged to have been caused by the negligent operation of a motor truck owned by Charles Heyde, insured by the Phœnix Indemnity Company, which ultimately paid Keniston $7,500 in settlement. Before Keniston was paid, however, Harry Neal Smith, an agent and adjuster for the Phœnix Company, fraudulently obtained $6,000, by collecting through appellee a draft he had drawn on...

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