Rickerfor v. Westchester Fire Ins. Co.

McCALEB, Judge.

This is a suit for the recovery of the face amount of a fire insurance policy issued by the defendant company. Liability is resisted on the ground that plaintiff has been guilty of a breach of a material warranty contained in the contract.

In the court below, the case was tried before a jury and resulted in a verdict in plaintiff’s favor for the amount sued for together' with penalties and attorney fees. A judgment was entered in accordance with the verdict and defendant, alleging grievance, has prosecuted this appeal.

The facts of the case are not in dispute and we find them to…