Patterson v. American Insurance

For the second time this case is here on appeal by defendant. [See Patterson v. Insurance Co., 164 Mo. App. 157.] The suit is on a fire insurance policy covering a farmhouse. The policy contained a clause that, “If the building insured be or become vacant and unoccupied without the consent of the western manager of this company indorsed hereon, then this policy shall be null and void.” There is no doubt but that the property became vacant some, time,, perhaps two months, before it burned on February 10,1908.

At the first trial, considered on appeal in the 164th Mo. App., the defense was made…