Pettijohn v. Saint Paul Fire & Marine Insurance

The opinion of the court was delivered by

Johnston, C. J.:

In an action brought by B. W. Pettijohn against the Saint Paul Fire & Marine Insurance Company upon a policy of fire insurance upon plaintiff’s farm property, the latter recovered judgment and the defendant appeals. The trial was by the court alone, a jury having been waived.

Defendant refused to pay the loss on the ground that plaintiff had violated a provision of the policy that it should be “void at the election of the company, if without the consent of the secretary or general agent of the company endorsed hereon, any other insurance…