American Fire & Casualty Co. v. Scott

HUGHES, Justice.

American Fire and Casualty Company insured, against theft, a Pontiac Station Wagon owned by appellee, Spencer J. Scott. Alleging that the car had been stolen on or about June 20, 1948, and later found in a damaged condition, appellee sued the insurance company, and, in a non-jury trial, recovered judgment for $789.95.

Appellant’s answer consisted of a general denial, special denials to the averments that the car was in good mechanical condition and of an actual cash value of $1,200 on June 20, 1948. Affirmatively it was pleaded that on the date of the alleged theft the car was…