Ph&338nix Insurance Co. v. Ward

GARRETT, Chief Justice.

This is a suit upon an insurance policy to recover for the value of certain household goods destroyed by fire. By the terms of the policy sued on it was provided, that if the assured was not the sole, unconditional owner, and if his title was not complete to the property, or if the same was incumbered by mortgage, the policy was to be void. The defendant pleaded that it was not liable, because the policy was obtained by the plaintiff upon the representation, at the time it was issued, to the effect that plaintiff was the unconditional and sole owner of the property…