American Credit Indemnity Co. of New York v. W. K. Mitchell & Co.

DAVIS, Circuit Judge.

This was a suit by W. K. Mitchell & Co., hereinafter called plaintiff, to recover $11,651.32, which it claims under its policy of credit indemnity insurance issued to it by the defendant on August 15, 1930.

The policy insured the plaintiff against loss, not exceeding $85,000, resulting from the insolvency of certain of its classified customers. The Fulton Iron Works Company of St. Louis, Mo., hereinafter called the Fulton Company, was one of these customers. Under its contract of' January 1, 1930, with the Fulton Company, plaintiff delivered to it fabricated piping and…