Progress Spinning & Knitting Mills Co. v. Southern National Insurance

Appellant brought this action upon a fire insurance policy to recover a loss by fire of property covered by said policy. The cause was tried to a jury, who returned a verdict for the insurance company, the respondent here. The court *265entered' judgment upon the verdict,■ from whieb this áppeal is prosecuted.

1 Respondent admitted the issuance and delivery of the policy, admitted the fire and the loss, but interposed various affirmative defenses, among which was one that at the time of the fire the policy in question was not in force “for the reason that the said policy contained a provision that…