Justry v. Northern Insurance

In this action on the defendant’s policy of burglary insurance, the defendant moves for summary judgment dismissing the complaint under rule 113 of the Rules of Civil Practice, as recently amended. The automobile in question was stolen from the plaintiff on June 5, 1933. It was found shortly thereafter in a completely demolished condition. In his contract of insurance the plaintiff warranted, not merely represented, that the automobile was new when he purchased it in December, 1930, and that he had paid the sum of $4,250 for it. In the proof of loss filed by him with the defendant, he made…