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RUFFALO'S TRUCK. SERV. v. NATIONAL BEN-FRANKLIN INS. CO.

No. 123, Docket 24250.

243 F.2d 949 (1957)

RUFFALO'S TRUCKING SERVICE, Incorporated, Plaintiff-Appellee, v. NATIONAL BEN-FRANKLIN INSURANCE COMPANY OF PITTSBURGH, Pennsylvania, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided May 8, 1957.

Attorney(s) appearing for the Case

Richard T. Graham, New York City (Patrick J. Hughes, New York City, of counsel), for plaintiff-appellee.

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

Before HINCKS, LUMBARD and WATERMAN, Circuit Judges.

WATERMAN, Circuit Judge.

The defendant, National Ben-Franklin Insurance Co., appeals from a judgment in favor of the plaintiff in the amount of $5,348.54, entered upon a jury verdict below. The plaintiff, a common carrier trucking company, had brought an action on a policy of indemnity insurance to recover the value of 35 bags of green coffee lost in the plaintiff's custody, allegedly from theft by a person or persons unknown. The contract of insurance was made in...

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