Security Insurance v. Superior Court

The petition shows that on or about the twenty-eighth day of August, 1923', one A. M. Winstead commenced an action in the justices court of San Rafael township, county of Marin, state of California, to recover the sum of $238.50. Said complaint contained the following allegations :

That there was attached to said complaint and made a part thereof the policy of insurance in suit, which contained the following clause: “It is understood that A. M. Winstead, as vendee, is in possession of the herein described automobile under contract of sale from H. G. Sirard, as vendor, and that the Fairfax Bank is the holder of a mortgage or is assignee of the contract of sale covering the said automobile. It is agreed that subject to all the terms and conditions of this policy, loss, if any, thereunder shall be payable as follows, to wit, first, to Fairfax Bank, mortgagee or assignee, to an amount not exceeding the indebtedness secured by said automobile at the time of loss; second, to H. G. Sirard, vendor, to an amount not exceeding the balance due at the time of loss upon the contract of sale above referred to; 3rd, to A. M. Winstead, vendee.”

The prayer of said complaint reads as follows:…