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WESTERN MILLERS MUTUAL INSURANCE CO. v. WILLIAMS

No. 15756.

231 F.2d 425 (1956)

WESTERN MILLERS MUTUAL INSURANCE COMPANY, Appellant, v. J. M. WILLIAMS, Appellee.

United States Court of Appeals Fifth Circuit.

April 12, 1956.

Attorney(s) appearing for the Case

Thomas W. Hathaway, Ben F. Johnson, Tyler, Tex., for appellant. Johnson & Hathaway, Tyler, Tex., of counsel.

Rex Houston, Gordon R. Wellborn, James N. Phenix, Henderson, Tex., for appellee.

Before HUTCHESON, Chief Judge, and RIVES and BROWN, Circuit Judges.

RIVES, Circuit Judge.

This action was brought to recover the proceeds of a fire insurance policy issued by appellant to appellee through its agent, R. L. Price, on July 7, 1953, in the face amount of $5,000.00. Appellant defended on the theory that the policy had been cancelled on September 6, 1954, prior to the loss on September 10, 1954. Trial to a jury resulted in a verdict and judgment for appellee, and the main inquiry upon this review is whether the proof and...

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