Runkle v. Citizens' Ins.

Swing, D, J., (charging jury.)

The action in this ease is brought by the plaintiff upon a policy of insurance issued by the defendant to the plaintiff on the eighteenth day of May, 1878, insuring plaintiff against loss and damage by fire upon a mill and distillery to the amount of $1,000 The defendant denies liability for the reason that the policy made the application a part of it, and provided that if any untrue answers or statements were made the policy should be void; that prior to the .application a tax had been assessed by the commissioner of internal revenue against the plaintiff; that…