Fidelity Fire Ins. Co. v. Windham

The opinion of the Court was delivered by

Mr. Justice BlEasE.

Standard Oil Company, as plaintiff, instituted, in the Court of Common Pleas for Darlington County, an action at law against A. B. Windham and Fidelity Fire Insurance Company on a policy of fire insurance issued by the insurance company named to Windham, as owner, with loss, if any, payable to Standard Oil Company, as mortgagee. It seems that Windham did not answer.

Fidelity Fire Insurance Company, in its answer, set up both legal and equitable defenses. Amongst its defenses, it alleged that the Globe & Rutgers Fire Iñsurance Company…