North River Insurance v. Aetna Finance Co.

The opinion of the court was delivered by

Jackson, J.:

The insurance company sued the finance company alleging that it had paid to the defendant the sum of $1,390 to satisfy an insurance claim under the mistaken belief that the automobile covered by an insurance policy had been stolen; that in truth and in fact, the automobile was never stolen. The defendant company relied entirely upon the defense of a change of position made by the defendant after receiving the insurance money. The plaintiff appeals from an adverse judgment of the trial court.

In the briefs and oral arguments there has been…