Moore v. North River Insurance

The opinion of the court was delivered by

Porter, J.:

The action was upon a farm automobile policy insuring a certain Ford roadster, No. 2,973,641, against loss by theft for one year. The answer alleged that when the policy was issued the' car was not the property of the plaintiff but belonged to some other person from whom it had been stolen. As a further defense it was alleged that the plaintiff falsely stated to the agent of the company that he had paid $500 for the car, which representation the plaintiff knew to be false; that defendant relied upon the statement, and that by reason thereof…