Martin v. Farmers Alliance Insurance

The opinion of the court was delivered by

Smith, J.:

This was an action on a fire-insurance policy. Judgment was for plaintiffs. Defendant appeals.

Defendant is a mutual fire-insurance society. The policy was issued to plaintiffs upon a house and outbuildings owned by them. During all the time with which we are concerned there was a mortgage on the property.

On March 27, 1934, a suit to foreclose that mortgage was begun. On December 22, 1934, the dwelling was destroyed by fire. One of the plaintiffs testified that as soon as he learned of the foreclosure he wrote a letter to defendant notifying…