OWEN v. COMMERCIAL UNION FIRE INS. CO. OF NEW YORK

No. 6606.

211 F.2d 488 (1954)

OWEN et ux. v. COMMERCIAL UNION FIRE INS. CO. OF NEW YORK.

United States Court of Appeals Fourth Circuit.

Decided March 10, 1954.


Attorney(s) appearing for the Case

J. Wallace Bryan, Baltimore, Md. (E. Milton Altfeld, Baltimore, Md., on brief), for appellants.

Charles Markell, Jr., Baltimore, Md. (Hilary W. Gans, Baltimore, Md., on brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.


PER CURIAM.

This is an appeal by plaintiff in a fire insurance case, heard by the trial judge without a jury and decided in favor of defendant on the ground that plaintiff had violated the policy provision against fraud and false swearing. The trial judge held that the burden of proof rested upon the plaintiff "to prove, by the weight of the credible evidence, that he has not been guilty of wilfully concealing or misrepresenting any material fact or circumstance"...

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