BATTS RESTAURANT, INC. v. COMMERCIAL INS. CO. OF NEWARK

No. 16935.

406 F.2d 118 (1969)

BATTS RESTAURANT, INC., Plaintiff-Appellant, v. COMMERCIAL INSURANCE COMPANY OF NEWARK, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

January 6, 1969.


Attorney(s) appearing for the Case

George C. Rabens, Chicago, Ill., for appellant.

Samuel Levin, Daniel J. Leahy, Chicago, Ill., for appellee.

Before CASTLE, Chief Judge, and SWYGERT and CUMMINGS, Circuit Judges.


CUMMINGS, Circuit Judge.

Plaintiff, an Illinois corporation, operates Batt's Mama Restaurant at 114 East Cermak Road, Chicago, Illinois. In 1960, plaintiff purchased from defendant insurer, a New Jersey corporation, a $10,000 fidelity policy covering the loss of money or property sustained through any fraudulent or dishonest acts of employees.

In 1962, Rose Marie Wolf, a cashier at plaintiff's restaurant, started to misappropriate funds belonging to plaintiff...

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