Scofield v. American Mutual Insurance

Plaintiff brought suit in two counts, the first of which is an action on a policy of fire insurance on an automobile, the second upon a cause of action for personal injury based on the alleged negligent operation of an automobile by defendant in which automobile plaintiff was riding as a passenger. Before the return day of the summons defendant filed a demurrer, one ground of which was that the petition improperly joined a cause of actionex contractu with one ex delicto. The second count of the petition was dismissed.

On May 21, 1931, the demurrer was overruled and thereupon defendant, as…