Hartford Fire Insurance Co. v. Etheredge

The opinion of the Court was delivered by

Mr. Acting Associate Justice R. O. Purdy.

This action is based upon notes similar in character to the notes involved in a suit by the same plaintiff against E. M. Young, in which the opinion was filed September 3, 1925.

The complaints in the two cases are practically the same in form, but in this case the answer is very brief. It alleges that the delivery of the notes was conditioned upon the plaintiff’s approving the notes and accepting defendants’ application and issuing á fire insurance policy thereupon. It alleged a failure of consideration, in that…