Sottosanto v. Lucas

The plaintiff purchased an automobile from the defendant, paying a portion of the purchase price in cash and giving a series of notes for the balance, which were indorsed by the defendant to a third party. Before these notes were fully paid the car was stolen and the following day was found totally de stroyed by fire. The complaint alleged that on the day plaintiff bought the car he paid the defendant $37.50, which was the amount of the premium upon a fire and theft insurance policy upon the car, and that the defendant agreed to take out such a policy for the benefit of the plaintiff but…