Home Ins. Co. of New York v. Scharnagel

THOMAS, Justice.

The court, sitting without a jury, rendered a judgment for the plaintiff.

The suit was upon a policy insuring plaintiff’s automobile against loss “by theft or other perils in the policy of insurance mentioned,” and alleging the theft of the ear by the party named and on the day specifically indicated.

The first assignment of error challenges the action of the trial court in overruling defendant’s demurrer to plaintiff’s replications (Nos. 5, 6, 7, 8, 9, and 10) to plea 3.

The pleas averred a proviso of nonliability under the policy, to the effect that “plaintiff ought not to…