Kinneberg

This is an action by plaintiff to recover the sum of $1,600 on an automobile fire insurance policy. Plaintiff had judgment and the defendant appeals.

The only question presented for consideration upon this appeal is whether the plaintiff had an insurable interest in the automobile covered by the policy issued by the defendant at the time of its destruction by fire. It appears that some time prior to the fire and after the issuance of the policy sued upon in this action the plaintiff borrowed from one Thomas Byrne the sum of $1,266 and gave his promissory note therefor.

The policy in question contains the following provisions:

Warranty No. 3 is as follows:

A few days after the execution of the note above referred to Thomas Byrne called at the place of business of the plaintiff Kinneberg, not, however, in connection with the loan herein referred to or for the purpose of obtaining any security therefor. However, at the time of said call the plaintiff Kinneberg went into his office and wrote out the following document: !

This paper was made out in duplicate, plaintiff signed both copies and handed them to Byrne. Byrne at first declined to sign the paper, stating that he did not…