Commonwealth's Insurance v. Monninger

Suit hy appellee, upon a policy of insurance against fire, issued by the appellant, on personal property. The policy and the conditions, and the proposals thereto annexed, are made a part of said complaint.

The written application of the appellee, made to said ap*353pellant preliminary to said contract, is not made a part of the complaint, nor filed with it.

Said application is set up in the answer of defendant, and the representations therein contained, as to certain questions of fact, are relied upon as aflirmative warranties, namely, as to the value of the property, and the location and…