Birkhead v. Home Insurance Co.

Opinion of the Court by

Judge Rees

Affirming.

A dwelling house owned by T. F. Birkhead was destroyed by fire in May, 1932. He brought this action against the Home Insurance Company to recover the sum of $750 under an insurance policy which he alleged was in force at the time the fire occurred. The insurance company answered, denying that the policy was in force at the time of the fire, and it affirmatively pleaded in its answer, first, that the plaintiff refused to accept the policy or to pay the premium, and, second, that the policy had been canceled. The case was submitted to the jury on these…