Commonwealth Ins. Co. v. Evans

McClendon, c. j.

Suit by Evans against the Insurance Company upon a fire insurance, policy covering an automobile. The insurance company defended upon the allegation that the policy was void by reason of the existence of a prior policy issued by the St. Paul Company in violation of an express provision of the policy in suit. Evans recovered upon a special issue verdict, and the Insurance Company has appealed.

The St. Paul policy was taken out by Chain Investment Company, who held a chattel mortgage upon the automobile, and it was Evans’ contention (which the jury findings sustained) that it was…