Brookings v. American Insurance

The opinion of the court was delivered by

Hutchison, J.:

This is an appeal by a fire insurance company from a judgment rendered against it on one of its policies.. The appeal mainly involves the sufficiency of the petition and the proof thereunder..

The two points specially urged by the appellant are: first, that *617plaintiffs are-not the owners of the cause of action nor the real parties in interest, nor entitled to recover; and second, that the plaintiffs and the mortgagee failed to comply with the conditions precedent of the policy necessary to a recovery. The insurance company filed a demurrer…