MacGruer v. Fidelity & Casualty Co.

PARKER, J., pro tem.

The action was brought to recover upon a policy of insurance, and judgment being entered for plaintiffs, the defendant appeals. The case was tried by the court sitting without a jury.

The facts of the ease follow, and throughout the recital the parties will be referred to merely as plaintiff and defendant, following the plan adopted by counsel in the briefs.

The plaintiff is a copartnership as alleged, and no question arises concerning this or as to the capacity to sue. Defendant is a New York corporation duly authorized to transact business and transacting business of…