National Liberty Ins. Co. of America v. Zack

Sixth Circuit

National Liberty Ins. Co. of America v. Zack

128 F.2d 38, 1942 U.S. App. LEXIS 3516

Court of Appeals for the Sixth Circuit·Decided April 13, 1942·No. No. 8903·Published

Opinion

PER CURIAM.

This cause was heard upon the transcript, briefs and arguments of counsel, and it appearing that the findings of fact made by the District Court are supported by substantial evidence and that its conclusions of law are not erroneous, and the court being of' opinion that the fact that appellants were without knowledge that a previous policy of insurance upon appellee’s truck issued by another company had been can-celled would not preclude reformation, but would be relevant only as a defense to a suit upon the policy as reformed, it is therefore ordered, adjudged and decreed that the decree appealed from be and the same is in all things affirmed.

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PER CURIAM.

This cause was heard upon the transcript, briefs and arguments of counsel, and it appearing that the findings of fact made by the District Court are supported by substantial evidence and that its conclusions of law are not erroneous, and the court being of' opinion that the fact that appellants were without knowledge that a previous policy of insurance upon appellee’s truck issued by another company had been can-celled would not preclude reformation, but would be relevant only as a defense to a suit upon the policy as reformed, it is therefore ordered, adjudged and decreed that the decree appealed from be and the same is in all things affirmed.

National Liberty Ins. Co. of America v. Zack, 128 F.2d 38, 1942 U.S. App. LEXIS 3516 (6th Cir. 1942).

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