Retail Merchants Ass'n Mutual Fire Insurance v. Cox

This is an action in assumpsit by appellee against the appellant company upon its policy of fire insurance, issued on January 18, 1904, under an application in writing made by appellee on a printed blank furnished by the company. The policy was in the sum of $5,000, being $1,000 on a one and one-half story frame building and additions occupied by appellee as a general store, $500 on store and office fixtures and furniture, and $3,500 on appellee’s general stock of merchandise.

The declaration consists of the common counts and a special count setting out the policy in haec verba, alleging in…