Baker v. Citizens' Mutual Fire Insurance

Baker sued defendant on a policy of insurance and recovered judgment. The defense set up was —first, the cancellation of the policy; and second, the forfeiture of the insurance by non-payment of assessment.

Upon the first point no legitimate question arises, as the policy was not canceled until after the loss and right of action accrued, and there was nothing in the mere act of cancellation to operate retroactively so as to cut off the claim for damages already existing.

The controversy all turns upon the second point; for the other questions raised on the trial do not appear to have any…