Poston v. Home Ins. Co. of New York

The opinion of the Court was delivered by

Mr. A. R. Gaston, Acting Associate Justice.

The respondent herein sues upon a policy issued by the appellant, insuring the plaintiff against loss by theft of his automobile. It is alleged that the motor vehicle was stolen from the plaintiff while the policy was in force. The only material defense now in issue is the denial that the automobile was stolen. The case was duly set for trial, on the bar roster over defendant’s objection, and later defendant’s motion for a continuance was overruled by the Court. The case was tried and a verdict rendered in…