Miller v. Continental Insurance Co. of New York

Taylor, C.

Plaintiff, alleging that he was doing business under the name of J. A. Miller & Company, brought suit on a policy of fire insurance issued by defendant to “J. A. Miller & Co.” Defendant alleged that the policy had been canceled by mutual consent prior to the fire, and further alleged that the policy had not been issued to plaintiff individually, but to a copartnership doing business under the firm name of ‘J. A. Miller & Co.’ composed of plaintiff and his two sons Julius and Michael Miller.

The case has been tried twice. The first trial resulted in a verdict for defendant.…