Elmore v. Royal Insurance

The opinion of the court was delivered by

Wedell, J.:

This was an action by the holder of a mortgage on an autmobile to recover from the defendant insurance company the unpaid balance of its mortgage lien on the automobile less the value of the automobile after a collision. The action was based upon an automobile collision policy written by the defendant, The Royal Insurance Company, Ltd. Defendant prevailed, and plaintiff appeals.

The action was tried to the court upon an agreed statement of facts which was in substance as follows: On August 19, 1937, plain*94tiff sold to Clyde Millard Flowers a,…