Baldwin v. Tri-State Cas. Ins.

HAMITER, Justice.

Plaintiff’s tank truck, insured by defendant against loss from collision, was damaged in an accident on November 16, 1948. The cost of making the necessary repairs was $780.46, and to recover the amount this suit was instituted on the insurance contract.

In resisting plaintiff’s demands defendant contends that the insured truck was being used in contravention of the terms of the policy.

The district court rendered judgment 'in favor of plaintiff for the amount demanded, together with legal interest and costs. Defendant appealed to the Court of Appeal, First Circuit, where the…