G. M. S. REALTY CORP. v. GIRARD FIRE & MARINE INS. CO.


89 A.2d 857 (1952)

G. M. S. REALTY CORP. et al. v. GIRARD FIRE & MARINE INS. CO.

Superior Court of Delaware, Kent.

June 13, 1952.


Attorney(s) appearing for the Case

John VanBrunt, Jr., and David Snellenburg, II (Killoran & VanBrunt), of Wilmington, for plaintiffs.

Albert L. Simon, of Wilmington, for defendant.

TERRY and CAREY, Judges, sitting.


CAREY, Judge, delivering the opinion of the Court:

This is an action upon a fire insurance policy. The matter is before the Court on motions of both parties for summary judgment.

On August 10, 1949, the defendant issued a fire insurance policy to the plaintiffs in the amount of $10,000 covering a theatre in Smyrna, Delaware. On October 15, 1949, the property was burned, the extent of the damage being a matter in dispute. On January 16, 1950, the Smyrna Town...

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