Kelmenson v. British America Assurance Co.

Hatcher, Judge :

This is an action to recover insurance on wool consumed or damaged by fire. The plaintiff obtained a judgment for $4,000.00, the full amount of the policy, and the defendant was allowed a writ of error.

The defendant introduced no evidence, and does not controvert plaintiff’s loss of a quantity of wool by fire. The major defense is that the inventory made and the books kept by plaintiff do not comply with the “iron safe clause” of the policy. That clause is the conventional one requiring “a complete itemized inventory of stock on hand”; and that the insured will keep a set of…