Pearl Assur Co. v. First Liberty Nat. Bank

WALLER, Circuit Judge.

In a trial without a jury judgment was entered in favor of the plaintiff as assignee of the proceeds of a fire insurance policy issued by the defendant insurance company to one J. A. Murphy, covering a business building located upon ground not owned by the insured. The main defenses were: (1) That no proof of loss was furnished within the time required by the policy. (2) That the building insured was on ground not owned by the insured in fee simple. (3) That the ownership of the insured in the property was not truly stated by the insured.

The lower Court found: (1) That…