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ALLIED MUTUAL CAS. CO. v. MILBANK MUTUAL INS. CO.

No. 10055.

129 N.W.2d 543 (1964)

ALLIED MUTUAL CASUALTY COMPANY, a corporation, Plaintiff and Appellant, v. MILBANK MUTUAL INSURANCE COMPANY, a corporation, Defendant and Respondent.

Supreme Court of South Dakota.

July 2, 1964.

Attorney(s) appearing for the Case

Royhl, Benson & Beach, Huron, for plaintiff and appellant.

Stover Beardsley & Osheim, Watertown, Benson & Schreiner, Ortonville, Minn., for defendant and respondent.

HERSRUD, Circuit Judge.

Ted Decker farmed in Beadle County, South Dakota, and in his farming operations had a farm truck which was insured by Milbank Mutual Insurance Company to the extent of actual cash value. The policy insured the vehicle as a private passenger or utility automobile and the policy described him as a farmer and the application stated the truck was to be used for farm hauling.

During the spring of 1958 Mr. Decker decided to engage in custom...

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