Comfort v. McCorkle

The plaintiffs owned a farm and the buildings were insured by the Bankers and Shippers Insurance Company under a policy issued by the defendant as its agent. The loss was payable to Ida J. Dennis, first mortgagee, and to the defendant, second mortgagee, as their interests should appear. The house was burned. Thereafter Leman Comfort, plaintiffs’ son and representative, saw the defendant. The son testified that he asked the defendant if he would file the claim, that the defendant said, “ yes,” and that the son then said, “ I leave it up to you.” The defendant denies this conversation.…