Stokes v. Liverpool & London & Globe Ins.

(concurring and dissenting) :

Action upon a policy of fire insurance, issued September 17, 1921, to M. B. Stokes and M. L. Stokes (husband and wife), in the sum of $4,000, upon the following property: The gin building, $1,500; the gin, $1,500, and the engine, $1,000. The entire property was destroyed by fire November 23, 1921.

The insurance company denied liability for the loss upon these grounds: (1) That, before the loss, the insured had assigned the policy to the Bank of Oates, causing a forfeiture of the policy under a provision contained therein that “this entire policy shall be void * * *…