Zancker v. Northern Insurance Co. of New York

This is an appeal from a final judgment for defendant rendered by the trial court after giving an instruction offered by defendant in the nature of a demurrer to plaintiff's evidence, and after plaintiff had taken an involuntary nonsuit with leave to move to set the same aside.

The petition bases the action upon an insurance policy issued by defendant to plaintiff insuring against loss or damage to plaintiff's automobile occasioned by fire, and sought the recovery of damages to the automobile when it was burned.

The answer admits the issuance of the policy to plaintiff by which the company…