Niagara Insurance Company v. Jeffrey

Opinion of the' Court by

Commissioner Hobson—

Affirming.

The Niagara Insurance Company issued to Eunice Jeffrey a policy insuring a dwelling house in the sum of $1,000.00 During the time the policy was in force the house burned, and this action was brought to recover upon the policy. The company defended upon the ground that Jeffrey had made false answers in his application for the policy, and that after the policy was issued he had executed a mortgage upon it without its consent. At the conclusion of the evidence for both parties the circuit court instructed the jury peremptorily to find for…