Curtis v. Indemnity Co. of America

Plaintiff (respondent here) instituted this action in the Circuit Court of the City of St. Louis on November 16, 1925, to recover from the defendant insurance company (appellant here) for the total loss and destruction by fire of a Pierce Arrow roadster automobile owned by plaintiff, who was insured against loss of said automobile by fire under a written policy of insurance issued by defendant in consideration of the payment by plaintiff of a stipulated premium fixed by defendant.

The petition alleges, in substance, that defendant is a corporation organized and existing under the laws of…