Miller v. Elk County Mutual Fire Insurance

Opinion by

Mr. Chief Justice Kephart,

Appellee, a mutual fire insurance company, insured appellant’s house and barn, for a consideration of $1.00 and a promissory premium note payable in such installments and at such times as the company should by assessment direct. Such an assessment was made on January 12, 1932, and appellant was notified, but he made, no payment until 7:00 P. M. on June 1, 1932. His dwelling house had been destroyed by fire at 2:00 A. M. on the same day, of which fact the agent who accepted his payment was aware. Appellee still retains the amount so paid, but refuses to…