Knight v. Merchants and Manufacturers Ins. Co.

Plaintiffs (respondents) brought suit on a fire insurance policy for its face amount of $1000, for an additional 10 per cent thereof for vexatious refusal to pay, and for attorneys’ fees. The defense was alleged violation of the Sole Ownership Clause of the policy. The reply pleaded waiver. The verdict was for plaintiffs for $1000 under the policy and for $350 attorneys’ fees. The trial court ordered remittitur of the $350, which remittitur was made. Defendant’s motion for hew trial being overruléd, defendant appealed.

Plaintiffs in their petition alleged the issuance of the policy by…