Mallard v. Hardware Indemnity Ins. Co. of Minnesota

NORVELL, Justice.

The appellant, C. W. Mallard, as plaintiff below, brought this action against the Hardware Indemnity Insurance Company of Minnesota and the Hardware Mutual Insurance Company of Minnesota to recover the sum of $740.0Q as the actual cash value of the loss of and damage to appellant’s Buick car, under a Texas Standard form of automobile collision and upset insurance. The judgment appealed from is based upon a peremptory instruction to the jury to find for the insurance companies.

The facts in this case are somewhat unusual. In 1945 appellant purchased a Buick Sedan. Through a…