Fitzsimmons-Kreider Milling Co. v. Millers Mutual Fire Insurance

Per Curiam: This is an action in assumpsit by appellee against appellant to recover upon an insurance policy issued by appellant to appellee covering loss or damage by fire to a flour mill owned by appellee and operated by Goebel & Burr as lessees. Upon the trial of the cause in the Circuit Court of Morgan county there was a verdict and judgment against appellant for $3,232.68. Appellee had a like policy of insurance upon the same property in the Ohio Millers Fire Insurance Company, an action upon which policy resulted in a judgment against said company and an appeal from said judgment to…