Glens Falls Ins. Co. v. Walker

CONNER, C. ■ J.

Appellee recovered a judgment for $1,150 upon a policy of fire insurance issued by the appellant company in terms payable to appellee “as his interest should appear” and covering a building destroyed by fire and upon which appellee had a lion. The defenses were that the policy had never been delivered as an operative instrument, or, if so, that it had later been mutually canceled before the loss. To this latter defense appellee replied that, if there had been a cancellation by agreement, but which was denied, the same had been induced by a mutual mistake of fact. The issues…