Townsend v. Universal Insurance

Opinion by

Baldrige, J.,

The learned court below in this action of assumpsit sustained the position taken by the defendant in its affidavit of defense, that a good cause of action was not pleaded by plaintiffs, and accordingly entered judgment for defendant.

The plaintiffs in their statement of claim averred, inter alia, that the defendant issued a policy insuring them against legal liability as common carriers, by reason of fire, and other causes which have no relation to this litigation.

On March 13, 1935, the Tasty Baking Company delivered to plaintiffs certain merchandise to be transported…