Graham v. Standard Fire Ins. Co.

(dissenting) : Action upon a fire insurance policy issued April 26, 1920, for $1,000, upon an automobile, destroyed by fire, January 18, 1921, during the term covered by the policy. The insurance company denied liability upon the ground that the policy had been forfeited for three reasons: (1) That the insured was not the sole and unconditional owner of the car; (2) that the oar was subject to the lien of a chattel mortgage given by the insured; (3) that “during the term of the policy” the insured had used the car in public service. All three of these grounds are admitted by the insured to…