French American Banking Corp. v. Fireman's Fund Insurance

LEIBELL, District Judge.

Plaintiff moves under Rule 56, Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for an order granting summary judgment in its favor. The defendant makes a cross motion for similar relief. I am of the opinion that defendant is entitled to summary judgment dismissing the complaint on the merits.

This is an action to recover for the loss of goods which allegedly were insured by the defendant or which the defendant is estopped to deny that it had so insured at the time of the loss. It appears that defendant issued to plaintiff on May 7, 1934, an open…