Rosedale Securities Co. v. Home Insurance

The opinion of the court was delivered by

Harvey, J.:

This is an action on an insurance policy against theft on an automobile. It was tried to a jury, which answered special questions and returned a general verdict for plaintiff. The defendant has appealed.

On April 15, 1921, George M. Swigart purchased from W. A. Sanders a Buick automobile for $1,500. He paid $500 cash and executed a nóte to Sanders for $1,158.84, secured by a mortgage on the automobile, which note Sanders on the same day sold to the *416Rosedale Securities Company and assigned the mortgage and received $1,000. The $158.84 included…