Raymond Pendleton v. Pan American Fire and Casualty Company

HILL, Circuit Judge.

Appellant, Pendleton, commenced this diversity suit in the lower court against appellee, Pan American, Fire and Casualty Company, to recover upon a comprehensive liability insurance policy. Trial was had to the court, without a jury, and resulted in a judgment adverse to Pendleton. This appeal is from that judgment.

At the date of the issuance of the policy in question by appellee to appellant, he was doing business at Springer, New Mexico, personally as the Pendleton Oil Company and also through a corporation, Cactus Butane Company, Inc. Cactus Butane owned the gas…