Kight v. American Eagle Fire Insurance

This is a writ of error sued out to an an order of the Circuit Court of Hillsborough County, Florida, granting a new trial. Plaintiff sued defendant to recover for a fire loss on a policy of fire insurance issued by the defendant to Augusta L. Gillean, with a standard mortgage clause to the plaintiff. The policy of insurance was for the sum of $2,000.00, while the face of the notes and mortgage was in the sum of $4,500.00. The declaration is in the form prescribed by the statute.

The defendant filed pleas to plaintiff’s declaration, viz.: (1) Denial that assured was indebted to the plaintiff;…