PEARL ASSUR CO., LIMITED v. FIRST LIBERTY NAT. BANK

No. 10782.

140 F.2d 200 (1944)

PEARL ASSUR CO., LIMITED, v. FIRST LIBERTY NAT. BANK.

Circuit Court of Appeals, Fifth Circuit.

January 27, 1944.


Attorney(s) appearing for the Case

Chilton Bryan, of Houston, Tex., for appellant.

Lamar Cecil, of Beaumont, Tex., and F. K. Dougharty, of Liberty, Tex., for appellee.

Before SIBLEY, HUTCHESON, and WALLER, Circuit Judges.


WALLER, Circuit Judge.

In a trial without a jury judgment was entered in favor of the plaintiff as assignee of the proceeds of a fire insurance policy issued by the defendant insurance company to one J. A. Murphy, covering a business building located upon ground not owned by the insured. The main defenses were: (1) That no proof of loss was furnished within the time required by the policy. (2) That the building insured was on ground not owned by the insured in fee...

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