Morrow Retail Stores, Inc. v. Hartford Accident & Indemnity Co.

DRIVER, District Judge.

Plaintiff brought this action to recover on an insurance policy, issued by the defendant, for merchandise inventory shortage, claimed to have been caused by fraudulent or dishonest acts of plaintiff’s employees. A jury, trial resulted in a verdict for plaintiff, but the trial court granted defendant’s motion for a new trial. The parties have stipulated that the case may be tried before the court, without a jury, on the transcript of the testimony received and the exhibits admitted in evidence on the former trial.

Plaintiff’s claim is based upon insuring agreement 1 of…