Weber v. United Hardware & Implement Mutuals Co.

Crimson, District Judge.

(On Petition for Rehearing.) In a petition for a rehearing it is claimed that waiver and estoppel were not pleaded, that the evidence supporting them was not admissible and that they were not considered or passed upon in the district court.

As stated in the original opinion the suit is brought for damages under an insurance policy. The answer contains no counterclaim but alleges as new matter by way of defense that de-' fendant was exonerated and discharged from liability on the policy because of a settlement with and release in full of the tort-feasor which he claims…