Smith v. National Ben Franklin Fire Insurance

The policy of insurance in controversy contained, in accordance with statutory requirement, tbe usual clauses rendering tbe policy void if tbe interest of tbe insured should be other than unconditional and sole ownership or of sale of tbe property by reason of any mortgage or deed of trust. In order to obviate tbe legal effect of these clauses tbe plaintiff relies upon tbe doctrine of waiver. This contention rests upon tbe fact that a short time prior to tbe fire, and long after tbe policy bad been issued, tbe plaintiff bad notified tbe agent of tbe defendant of tbe existence of tbe Parker…