Western Assurance Co. v. McCarty

Comstock, J. —

Action brought by appellee against appellant upon a policy of fire insurance executed by appellant, insuring certain personal property belonging to one James W. Kelly, who assigned said policy and claim to appellee, who brought suit upon the same, making said-Kelly a co-defendant. Issues were formed and tried upon an amended complaint. To the complaint appellant filed an answer in two paragraphs. First, general denial; second, the incumbrance by mortgage whereby the provisions of the policy were violated and the policy rendered void.

To the second paragraph of answer the appellee…