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FIRE ASSOCIATION OF PHILADELPHIA v. SAKS & CO.

No. 309, Docket 23473.

223 F.2d 822 (1955)

FIRE ASSOCIATION OF PHILADELPHIA, Ben Wacek and Mabel E. Wacek, Plaintiffs-Appellants, v. SAKS & CO., Inc., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided June 13, 1955.

Attorney(s) appearing for the Case

Samuel Pivar, New York City, for plaintiffs-appellants.

George I. Janow, New York City, for defendant-appellee.

Before FRANK, MEDINA and HINCKS, Circuit Judges.

MEDINA, Circuit Judge.

Plaintiff Mabel E. Wacek purchased a fur coat from defendant Saks & Co., Inc., for $5,100 and took out a policy of insurance in that amount with plaintiff Fire Association of Philadelphia. Later she delivered it to defendant for minor repairs and for summer storage. As she was already insured, Mrs. Wacek gave a valuation of $500 when the bailment was made. This was done with full knowledge on her part that defendant was in no event to be...

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