Smith v. American Fire & Casualty Co.

WALKER, Justice.

This action wás brought upon an insurance policy, to recover the damages sustained by appellant’s automobile in a collision. Appellant was plaintiff, and appel-lee was defendant in the trial court.

Plaintiff purchased the automobile (a new and unused vehicle) on March 22, 1949, and on' the same date defendant issued to him the policy in suit. The collision occurred on June 26, 1949, during the term of the policy, and the vehicle was badly damaged. At the time of the collision the vehicle was being operated by plaintiff’s brother under an agreement with the plaintiff that in a…