JOSEPH SUPORNICK & SON v. IMPERIAL ASSUR. CO.

Civ. No. 1608.

87 F.Supp. 232 (1949)

JOSEPH SUPORNICK & SON, Inc. v. IMPERIAL ASSUR. CO. OF NEW YORK et al.

United States District Court D. Minnesota, Third Division.

November 28, 1949.


Attorney(s) appearing for the Case

Wilfrid E. Rumble, of Doherty, Rumble, Butler & Mitchell, St. Paul, Minn., and Sydney W. Goff, St. Paul, Minn., for plaintiff.

Paul C. Thomas, of Thomas, Bradford & King, St. Paul, Minn., and Leavitt R. Barker, of Dorsey, Colman, Barker, Scott & Barber, Minneapolis, Minn., for defendants.


DONOVAN, District Judge.

Plaintiff sued as assignee of rights of the insured under fire insurance policies issued by the defendants. Defendants admit the issuance of the insurance, the occurrence of the fire and the assignment of the loss by insured to plaintiff, and allege fraud and misrepresentation on the part of insured and plaintiff. Plaintiff's theory of suit and trial is that of adjustment claimed to have been arrived at by the parties, and which plaintiff...

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