Higgins v. Phoenix Ins. Co.

In the trial court the plaintiffs, Harold Higgins et al., sued the defendant, Phoenix Insurance Company, a corporation, to recover on fire insurance policy for the loss by fire of an automobile.

At the conclusion of plaintiffs’ evidence the trial court sustained defendant’s demurrer to plaintiffs’ evidence, and discharged the jury and rendered judgment for the defendant.

The plaintiffs on appeal urge error of the trial court in sustaining such demurrer to their evidence.

The controlling question concerns a certain mortgage lien upon the automobile and certain provisions of the insurance policy…