COOKE v. LIBERTY MUTUAL FIRE INSURANCE COMPANY

No. 15621.

239 F.2d 597 (1957)

Oscar M. COOKE, Jr., d/b/a Cobe Oil Company, Appellant, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, a Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied January 24, 1957.


Attorney(s) appearing for the Case

Jack G. Beamer, Kansas City, Mo. (Tom J. Stubbs and Stubbs, McKenzie, Williams, & Merrick, Kansas City, Mo. with him on the brief), for appellant.

Harold J. Toner, Kansas City, Mo., for appellee.

Before SANBORN, WOODROUGH and WHITTAKER, Circuit Judges.


WOODROUGH, Circuit Judge.

The plaintiff insurance company brought this action against Oscar M. Cooke, Jr., d/b/a Cobe Oil Company, to recover ten thousand dollars which was a part of the amount the insurance company had paid out on account of fire loss suffered by its insured Cooke Sales and Service, Inc., referred to here as the insured. The insurance company claimed that the fire and consequent destruction of the insured's property was proximately caused by defendant...

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