Schroeder

The plaintiff recovered a judgment against the defendant in the sum of $900.21 upon a complaint which, for a cause of action, alleged, substantially, that the plaintiff, in her separate right, was the owner of a piano, valued at $1,000, which had been delivered into the care and custody of defendant pursuant to an oral agreement with plaintiff, whereby, for a valuable consideration, to be paid upon demand, defendant was to keep said piano on storage, and have the same insured against loss by fire for the benefit of plaintiff; that the defendant under this agreement did insure said piano, for the benefit of plaintiff, against loss by fire; that thereafter the piano, while in the custody of defendant and during the life of the insurance, was destroyed by fire; that thereupon defendant received and collected as insurance for the loss of said piano a sum of money, the amount of which was unknown to plaintiff, and has ever since ■ refused to account to the plaintiff for the whole or any part thereof.

The prayer of plaintiff’s complaint was “for the sum of $1,000, the value of said piano, if the defendant failed to cause same to be covered and insured against loss or damage by fire for…