COMMONWEALTH INS. CO. OF N. Y. v. O. HENRY TENT & AWN. CO.

Nos. 12649, 12764.

273 F.2d 163 (1959)

COMMONWEALTH INSURANCE COMPANY OF NEW YORK, The Continental Insurance Company, Milwaukee Insurance Company of Milwaukee, Wisconsin, United States Fire Insurance Company, Plaintiffs-Appellants, v. O. HENRY TENT & AWNING COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

December 21, 1959.


Attorney(s) appearing for the Case

John P. Gorman, Chicago, Ill., Donald N. Clausen, Herbert W. Hirsh, Jerome H. Torshen, Chicago, Ill., for appellants.

Morris A. Haft, Chicago, Ill., Bernard Davis, Haft, Shapiro & Davis, Chicago, Ill., for appellee.

Before KNOCH and CASTLE, Circuit Judges, and GRUBB, District Judge.


GRUBB, District Judge.

The above-numbered appeals have been consolidated for purposes of the hearing only. They arise out of an action for declaratory judgment brought by the insurers against the insured to determine their liability under a fire insurance policy containing a monthly reporting form endorsement whereunder the insured agreed to make monthly reports of total cash values of the insured property at each of specified locations.

The value reporting...

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