Smimmo v. American Union Insurance

Memorandum by the Court. Appeal by plaintiff from a judgment of the Supreme Court entered upon a verdict of no cause of action, in an action to recover upon a fire insurance policy. There was ample circumstantial evidence, which the jury was entitled to credit, from which it could legitimately infer that plaintiff, then 92 years of age, set fire to the dwelling house, which was the subject of the insurance and which was occupied in part by him and in part by his son and his son’s family. The son testified that a month before the fire his father said to him that if the son did not move out of…