California Ins. Co. v. Security State Bank of Miami

DIFFENDAFFER, C.

This is an action by defendants in error, herein referred to as plaintiffs, against plaintiff in error, herein referred to as defendant, to recover on a policy of insurance covering an automobile against loss by theft. J. H. Smalley was the owner of the automobile, and the policy was issued to him as “assured,” with loss payable clause attached in favor of the Security State Bank. Loss by theft is alleged to have occurred on November 30,1926. The petition is in the usual form, except It .alleges waiver of proof of loss in that the Bates Adjustment Company of Oklahoma City was…