United States Casualty Co. v. Stanley

The opinion of the court was delivered by

Johnston, C. J.:

This action was brought by the United States Casualty Company against W. H. Stanley to recover what is called an overpayment of insurance made under a policy insuring Stanley *714against loss of a diamond and some other personal property by burglary, theft or holdup. It was alleged that the overpayment of insurance was made by mutual mistake. At the conclusion of plaintiff’s evidence a demurrer thereto was sustained and judgment given for defendant. Plaintiff appeals.

From the record it appears that the policy issued was dated January 18,…