Beatrice Nelson v. New Hampshire Fire Insurance Company, a Corporation

This is a diversity case and comes to us on an appeal from a judgment of the District Court against appellant who was plaintiff below. The action involves an insurance contract entered into on or about June 12, 1956 between the parties, whereby appellee agreed to insure a certain “trailer house” from loss by fire, lightning, transportation or theft in an amount not to exceed $5,000, in return for the premium paid by appellant. The trailer house was materially damaged by fire on or about September 23, 1956. Subsequent to this event, appellant made Proof of Loss to appellee, but upon investigation of the facts and circumstances surrounding appellant’s acquisition of the aforementioned trailer house, appel-lee denied liability for the loss and tendered back the premium paid by appellant.

The trailer house here insured was manufactured by the Supreme Trailer Company of Bonham, Texas, and on May 17, 1956, was in the possession of one Joseph Roberts, an employee of that company, for the purpose of delivering the said trailer to the Aetna Trailer Sales Company (hereafter Aetna) at a sales lot in Boise, Idaho, pursuant to the terms of a contract of sale between Supreme and Aetna. En…