NEIL, Chief Justice.
This case was first tried in the circuit court of Maury County in which Sherman Dickey recovered a judgment against the Tennessee Odin Insurance Company upon a contract of insurance which insured a Dodge automobile truck against loss by fire, etc. The Bank of Columbia held a mortgage on the truck to secure a note due it, and for this reason the suit was brought for the use and benefit of the bank. There was also a recovery of the statutory penalty...
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