Orient Insurance v. Pioneer Mill Co.

OPINION OF THE COURT BY

LINDSAY, J. (Circuit Judge O’Brien dissenting.)

The material facts in this case are as follows: On March 28, 1918, one Sarah White, the lessee of certain premises situate at Lahaina, by written indenture subleased the same to defendant for a term of fifty-nine months. On May 19, 1921, said Sarah White insured the building standing on the demised premises with the plaintiff corporation in the sum of $1250 against loss by fire, and, while the insurance was in force the building *699was, through no fault or negligence on the part of the lessee, entirely destroyed by fire.…