Marblestone Co. v. Phoenix Assurance Co., Ltd.

A rehearing was granted. The questions involved were reargued and have been reconsidered.

The action is on the award or finding of damages by the appraisers. The claims of the parties may be understood from the following:(1) The defendant claims that the award was a nullity because one of the appraisers, its own, failed to act, though present, and that there was no submission of differences to the umpire as required by the policy as a condition to an award.(2) The defendant claims that the plaintiff lost the right to recover any part of its loss because it sold a large portion of the property,…