Weinberger Banana Co. v. Phœnix Assur. Co.

WALKER, Circuit Judge.

This was an action by the appellant on a policy of insurance issued by the appellee for the alleged value of 6,957 bunches of bananas the loss of which was alleged to have been occasioned directly and proximately by perils insured against by said policy, to wit, “hurricanes and/or floods, and/or accidents to the conveyance.” The allegations of appellant’s petition as to the loss of the bananas having been due to. perils insured against were put in issue by the appellee. The evidence introduced in the trial consisted of the insurance policy sued on and a stipulation of…