INSURANCE CO. OF NORTH AMERICA v. MORGAN DYEING & B. CO.

No. 12351.

262 F.2d 916 (1959)

INSURANCE COMPANY OF NORTH AMERICA, Plaintiff-Appellant, v. MORGAN DYEING AND BLEACHING COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

January 12, 1959.


Attorney(s) appearing for the Case

Arthur J. Baer, Jr., Chicago, Ill., David M. Burrell, Freeport, Ill., Clarence R. Conklin, Chicago, Ill. (Heineke, Conklin & Schrader, Chicago, Ill., Burrell & Holtan, Freeport, Ill., of counsel), for appellant.

James C. Leaton, Chicago, Ill., Spencer E. Irons, Chicago, Ill. (McKinney, Leaton & Smalley, Chicago, Ill., of counsel), for defendant-appellee.

Before FINNEGAN, PARKINSON and KNOCH, Circuit Judges.


KNOCH, Circuit Judge.

Plaintiff-appellant, (hereinafter referred to as "North America"), as subrogee, brought this suit in two counts against defendant, (hereinafter called "Morgan") to recover $38,457.19 for damage to yarn of plaintiff's insured, Straus Knitting Mills, (hereinafter called "Straus"), from water escaping through a dry line sprinkler system in Morgan's warehouse on November 4, 1951.

Count I is based on the theory that Morgan breached its bailment...

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