Wallace v. Insurance Co.

The facts are fully stated in the opinion of the court, delivered by

Porter, J.

This is an action on a policy of insurance against fire.

The case presents three questions:

1. Whether the policy was a valued one?

2. Whether if it was open, the verdict and judgement be supported by evidence?

3. Whether the defendants had not a right to discharge themselves from the payment of money by rebuilding the houses which were burned?

In arguing the question whether the contract on which this litigation has arisen, was what is denominated a valued policy, counsel have gone into the consideration of, the…