Citizens Casualty Co. v. American Glass Co.

MAJOR, Circuit Judge.

This appeal is from an order of the District Court, entered March 13, 1947, allowing defendant’s motion to dismiss the plaintiff’s amended complaint, and dismissing the same. Plaintiff, a New York corporation, is an insurance company, licensed and authorized to do business in the State of Illinois, and is in the business of writing policies of insurance covering loss due to breakage of plate glass. Defendant is an Illinois corporation, engaged in the business of selling and installing plate glass.

The amended complaint contains seven counts. Count 1 recites, among other…