The facts in this case are identical with those in Farmers’ & Merchants’ Insurance Company v. J. J. Cuff (No. 837), ante, 116 Pac. 435, heretofore decided on, this date, except the amount of the policy; the ámount of the policy in that case being $1,000, and in this $250.

The judgment of the lower court will be so modified as to reduce the amount of the judgment from $220 to $203.35; in all other respects it is affirmed. Let the costs be' divided between the parties hereto.