NATIONAL FIRE INSURANCE CO. OF HARTFORD v. Butler

— In this case plaintiff insurance company seeks the return of funds paid to its insured defendants. Repayment is asked on the ground that the money was paid by mistake. The trial court sitting as trier of facts held that plaintiff had not proved its ease and dismissed the cause. We affirm.

Defendants own a food locker plant in Keokuk County. Plaintiff had insured them against loss resulting from business interruption caused by certain perils including explosion. On October 4, 1963, ammonia gas escaped from one of the pipes in the plant, causing a five-week shutdown.

Defendants notified…