Richardson v. Lumbermen's Insurance

Kenna, Judge:

This action in assumpsit was brought in the Circuit Court of Mercer County by C. C. Richardson against Lumbermen’s Insurance Company for the purpose of recovering under the theft clause of an automobile insurance policy in force at the time of the happenings recounted. The submission in the lower court was upon a stipulation of agreed facts, a jury being waived, and the plaintiff below was granted this writ upon a judgment nil capiat. From the agreed statement and exhibits filed with it and the notice, the averments of which are uncontradicted, the following facts appear:

The B. &…