Queen Insurance v. Studebaker Bros. Manufacturing Co.

Olds, J. —

This is an action on an insurance policy issued by the Queen Insurance Company, appellant, to the Studebaker Bros. Manufacturing Co., appellee, on the 17th day of December, 1884, whereby it insured appellee against loss or damage by fire on a certain lumber-yard to the amount of $2,000. There was other insurance on the lumber amounting to some $50,000.

On the 29th day of May, 1885, a large portion of the lumber was destroyed by fire. Appellee gave notice and made proof of the loss. Appellant failed to pay, and this suit was brought to recover the amount due upon the policy.

The…