Ohio Farmers' Ins. v. Yoas

WILBUR, Circuit Judge.

This is an action brought after loss by the appellant fire insurance company against appellees and one J. T. McDaniel to cancel a policy of fire insurance issued to Wm. H. Yoas on a house and certain personal property situated on a farm about twenty miles southeast of Ajo, Pima county, Ariz. A motion to dismiss, upon the ground that the bill of complaint failed to state facts sufficient to constitute a cause of action, was sustained, and the appeal is from the decree of dismissal which followed. The sole question on appeal is whether the bill of complaint states facts…