Matusek Academy of Music, Inc. v. National Surety Corp.

DUFFY, Circuit Judge.

Each defendant issued to plaintiff a mercantile open stock burglary policy in the sum of $7,500. On November 18-19, 1950, plaintiff’s premises were burglarized and merchandise of a value of $15,525 was taken. Plaintiff made timely proofs of loss, and when payments were not made, commenced separate actions in the Superior Court of Cook County, Illinois. The actions were removed to the United States District Court on grounds of diversity of citizenship, and there consolidated. Trial was to the court which found the issues favorably to the plaintiff and judgment was entered…