National Mutual Fire Insurance v. Barnes

Opinion by

Simpson, C.:

Action to recover on an insurance policy of $1,000, on a steam elevator at Bennington, Ottawa *162county, commenced in the district court of that county on the 15th day of March, 1887. The company resisted payment upon the ground of a false representation and warranty of title of the land, which was in part a portion of the right-of-way of a railroad company. The reply alleged that the agents of the company, Simmons & Cole, had known the exact condition of the title, and filled up the blanks, and wrote the application, except the signature. The case was tried by the court,…