Kennedy v. Glen Cove Mutual Insurance

The opinion of the court was delivered by

Wedell, J.:

This action was brought on a policy of fire insurance to recover for loss of merchandise. Plaintiff prevailed, and defendant appeals.

The petition was based upon the policy' which, among other things, provided the policy would be void “if the interest of the insured be other than unconditional and sole ownership. . . .

or if the subject of insurance be personal property and be or become encumbered by a chattel mortgage.” It is not claimed the petition was demurrable, and other averments therein contained are not of present concern. The answer…