Cohen v. Globe Indemnity Co.

KIRKPATRICK, District Judge.

The plaintiff, before the effective date of the Rules, brought a suit at law against the Indemnity Company, upon a policy of burglary insurance. The Company defended upon the ground that the plaintiff’s books of account had not been kept in the manner provided for in the policy. After a trial there was a verdict and judgment for the plaintiff. On appeal, however, the Circuit Court of Appeals, 3 Cir., 106 F.2d 687, reversed the judgment and remanded the case with the direction to grant a new trial and to proceed in accordance with the opinion.

*209At the trial, there was…