Farmers' Mutual Fire Insurance v. Fogelman

Craves, J.:

Defendant in error took a policy from the company August 11th, 1869, on a harn and other property situated on a farm in St. Joseph county, and on the 24th of July, 1874, the barn was destroyed by fire. An action was brought for the loss and defendant in error recovered. The company asks for a reversal. They object, that in the application defendant in error represented that he was owner of the farm and barn, but in fact was not.

There is no dispute concerning the form of his representation. He was asked: “Are you the owner of the buildings to be insured, and of the farm upon which…