Service Fire Insurance Co. v. Powell

Under the pleadings and stipulated facts submitted to the trial judge for decision without a jury, a finding in favor of the defendant was not authorized, and was contrary to law.

DECIDED NOVEMBER 26, 1943.

The Service Fire Insurance Company brought suit against C. Frank Powell to recover $377.61, which the company alleged the defendant owed to it by reason of the facts alleged in the petition. The plaintiff alleged that it issued to the defendant a policy of insurance wherein it agreed to pay him all damages, less $50, to a described Ford coupe automobile caused by a collision; that on March…