Berryman v. Maryland Motor Car Ins.

Plaintiff’s action is based on a policy of insurance whereby he was insured against loss by the burning of his automobile. He recovered judg7 ment in the circuit court. The case was transferred to this court by the Supreme Court. [197 S. W. 850.]

Defendant’s answer set up several defenses, among them was one that plaintiff, when he obtained the policy, fraudulently represented that the -machine was made in 1911, when in fact it was made in 1908. That plaintiff warranted that he would not let the machine for hire, and afterwards violated the warranty and that he fraudulently represented to…