Kropp Forge Co. v. Employers' Liability Assur. Corp. of London

EVANS, Circuit Judge.

The judgment from which this appeal was taken was entered in an action brought to determine which one of two insurance companies should bear the loss which plaintiff admittedly sustained, growing out of transactions where seven checks were issued by plaintiff and cashed in payment of merchandise supposedly delivered to it, but which had never been received.

One defendant, the New Amsterdam Casualty Company, admitted its liability for the whole claim. It, however, sought to hold the other defendant, the Employers’ Liability Assurance Corporation, Limited, because of that…