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CENTURY INDEMNITY CO. v. SHERGOLD

No. 256.

135 F.2d 568 (1943)

CENTURY INDEMNITY CO. v. SHERGOLD et al.

Circuit Court of Appeals, Second Circuit.

May 4, 1943.

Attorney(s) appearing for the Case

John J. Conners, Jr., of Albany, N. Y. (John J. Ryan, of Albany, N. Y., on the brief), for plaintiff-appellant.

W. A. Fullerton, of Saratoga Springs, N. Y. (Leary & Fullerton and King & Duval, all of Saratoga Springs, N. Y., and Boyle & Lynch, of Schenectady, N. Y., on the brief), for defendants-appellees.

Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

The Century Indemnity Company, plaintiff, appeals from the denial by the district court of the judgment it sought declaring invalid an automobile liability insurance policy it had issued to defendant James A. Shergold. The ground upon which it sought the declaration was that defendant George Allen was the real owner of the automobile insured, and that he secured the policy only by the material misrepresentation that Shergold was its owner and...

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