Eagle, Star & British Dominions Insurance v. Heller

Pbentis, P.,

delivered the opinion of the court.

This is a case in which a rigid adherence to a general rule and to some judicial expressions would be a reproach to the administration of justice. Max Heller has recovered under a fire insurance policy upon a stock of goods, after he had been convicted under the Virginia statute (Code, section 4436) of wilfully burning the same stock of goods with intent to injure the insurer. Heller v. Commonwealth, 137 Va. 782, 119 S. E. 69.

Issue was joined upon the defendant company’s plea of the general issue. Among the several grounds of defense in the…