Sims v. American Cent. Ins.

DENISON, Circuit Judge.

Mrs. Sims purchased an automobile, at Memphis, under a contract by which the title was reserved to the vendor until full payment. She then insured it with the defendant company for a sum, the major part of which would have been required to discharge" the unpaid purchase price. Upon its destruction by fire, she brought this suit in a state court. It was removed to the court below on the ground of diverse citizenship, and, being tried by the court, after written waiver of a jury, there was judgment for the defendant.

*116 The policy contained an express warranty that the…