Hill v. Phœnix Insurance

The opinion of the court was delivered by

Hoyt, C. J.

This action was brought upon an insurance policy issued by the defendant upon certain buildings and other property of the plaintiff. In its answer the defendant set up three grounds of defense: (1) That the action was barred by the limitations of the policy; (2) that the property had been burned by the willful- act of the plaintiff; and (S) that the claim of loss had been compromised, and a release of the defendant from all liability executed by the plaintiff, upon sufficient consideration. Plaintiff in reply denied that the limitation of…