Johnston v. Fidelity & Deposit Co.

ARNOLD, J.-

— -This is an action to recover for a loss upon a mercantile safe burglary policy of insurance.

The cause was tried to the court without the aid of a jury. Judgment was for plaintiff in the principal sum of $843.78 and interest from March 3, 1923, amounting to $88.58; $84.37 for vexatious delay and $300 attorney fees, or a total of $1316.75. (It is stated in plaintiff’s brief that the amount, $843.78, as the principal sum was error and that this error has been corrected by stipulation. The stipulation does not appear of record.) Motions for new trial and in arrest of judgment were…