Home Ins. Co. of New York v. Tumlin

THOMAS, Justice.

The appellee filed his complaint in code form claiming the amount due for repairs to his automobile on a policy of insurance issued by appellant, insuring the car against loss or injury by collision. The case was submitted to the jury and a ver diet was rendered in favor' of appellee and against appellant. There was a motion for a new trial, which was duly overruled and exception reserved.

Appellant sets up as defense to the action based on the policy in question that plaintiff was not' entitled to recover in the absence of the Universal Credit .Company, the payee named in the…