City of New York Ins. Co. v. Middleton

DUNKLIN, Justice.

The city of New York Insurance Company has appealed from a judgment in favor of L. H. Middleton on a fire insurance policy for loss of a building. The recovery was for a total loss of the building, and appellant concedes its liability if the evidence offered was sufficient to show that at the time the policy was issued plaintiff was the unconditional and sole owner of the building, and the lot on which it was situated, within the meaning of the provisions of the policy. But it is insisted that the evidence showed that he was not such owner, and therefore he was not entitled…