Simone

Plaintiff sued to recover $1,900 insurance upon an automobile completely destroyed by fire. On August 12, 1921, plaintiff contracted with the Bozzani Motor Car Company for the purchase of a new Fiat automobile for the sum of $5,234.75, payable partly in cash and the balance in monthly installments. On the same day the seller transferred the contract to the Finance Investment Corporation. On August 13, 1921, the defendant issued its policy of insurance covering the car in the sum of $4,000. In this policy the assured were designated as follows: “Name of assured Mauro Simone and Finance Investment Corp. as their interests may appear.” Plaintiff made the monthly payments until November 12, 1921. On November 18th the Investment Corporation wrote him to the effect that unless this payment was made within five days it would exercise its option to repossess the car or to consider all deferred payments due. The ear was destroyed by fire on November 22d while being operated on a public highway. On December 22d following the Investment Corporation filed its proof of loss in which it claimed to be the sole owner and in which it stated the value of the car at time of loss to be $2,100, the…