Sun Mutual Insurance v. Tufts

KAIHEY, Associate Justice.

Appellant insurance company issued to Brooks Bros., interveners below, a policy insuring against loss by fire for $1180, covering a soda fountain and fixtures for $650, carpets, tables, chairs, etc., for $150, and stock of candies, confectioneries, etc., for $350, with loss payable to J. W. Tufts as his interest might appear. Said property was destroyed by fire during the life of the policy. The appellant declined to pay the loss and J. W. Tufts brought suit, alleging that said policy was delivered to him though not formally indorsed; that he had a lien on the soda…