Legal Opinion

Massachusetts Fire & Marine Ins. v. Schneider

Court of Appeals for the Fifth Circuit

Decided November 3, 1928No. 5204PublishedCited by 4 opinions

1Opinion of the Court

FOSTER, Circuit Judge.

Appellee brought suit to recover on a policy of fire insurance of $10,000, issued by appellant, to cover a stock of merchandise in a department store operated by appellee at Fairfax, S. C., and secured a verdict and judgment for $9,948.63. The defense, raised in various ways unnecessary to state in detail", was that the policy was void by reason of a breach of the so-called iron-safe clause in failing to take an inventory and keep and produce proper books.

There was evidence, not rebutted, on behalf of appellee tending to show the following state of facts:

The store at…

2Cases cited2 opinions

  1. Liverpool & London & Globe Insurance v. KearneySupreme Court of the United States · 1901
  2. Wright v. Union Ins. Co. of IndianaCourt of Appeals for the Fifth Circuit · 1926

3Cited by4 opinions

  1. General Accident Fire & Life Assur. Corp. v. ScheroCourt of Appeals for the Fifth Circuit · 1945
  2. Lumbermen's Mut. Ins. Co. of Mansfield v. Johnson Lumber Co.Court of Appeals for the Fifth Circuit · 1931
  3. National-Ben Franklin Fire Ins. v. StuckeyCourt of Appeals for the Fifth Circuit · 1936
  4. Standard Acc. Ins. v. Southwestern Trading Co.Court of Appeals for the Fifth Circuit · 1946

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