Legal Opinion

Mer Rouge State Bank v. Employers' Liability Assur. Co., Ltd., of London

Court of Appeals for the Fifth Circuit

Decided February 11, 1921No. 3561PublishedCited by 2 opinions

In Error to the District Court of the United States for the Eastern District of Louisiana; Rufus E. Foster, Judge. Action by the Mer Rouge State Bank against the Employers’ Liability Assurance Company, Limited, of London, England. Suit dismissed, after exception to the amended petition for no cause of action was sustained, and plaintiff brings error.

1Opinion of the Court

WALKER, Circuit Judge.

This was an action by the plaintiff in error, an incorporated Louisiana State Bank, on two policies of insurance providing it indemnity protection against losses of money or securities, through burglary and robbery. The petition as amended contained averments to the following effect:

After 4 o’clock p. m. of a named day, while each of the policies was in force, and while the petitioner’s cashier was within the banking inclosure reserved for the use of the assured’s officers or office employees, and was engaged in performance of his duties as cashier, unknown burglars,…

2Cases cited1 opinion

  1. Franklin State Bank v. Maryland Casualty Co.Court of Appeals for the Fifth Circuit · 1919

3Cited by2 opinions

  1. New Amsterdam Casualty Co. v. Iowa State BankCourt of Appeals for the Eighth Circuit · 1921
  2. Jewett v. Detroit Edison Co.Court of Appeals for the Sixth Circuit · 1921

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