Root v. Lumber, C., Casualty Insurance Co.

The opinion of the court was delivered by

Bodine, J.

The plaintiffs having recovered a judgment, still unsatisfied, by reason of an automobile collision with one Stone, brought an action under the statute against the defendant insurance company. Stone had been insured in the defendant company against loss while operating a “1929 model” Nash sedan. At the time of the accident, he was driving a “1931 model” having traded cars without attending to the transfer of insurance. It is conceded that the nonsuit was proper, unless the proofs established either a waiver or an estoppel. It is important to…