Home Insurance v. Curtis

Maestom, J:

This was an action of assumpsit, brought to recover upon a policy of insurance, issued to Aaron Linton and made payable, in case of loss, to defendant in error, as his interest in the property insured, as mortgagee thereof, should appear. Defendant pleaded the general issue.

It appeared on the trial that Linton made a written application to the company for this insurance, in which he stated, in answer to a special question, that the property sought to be insured was mortgaged to the amount'of five thousand dollars. This application was made a condition of the insurance, and a…