Levin v. National Ben Franklin Insurance

The opinion of the court was delivered by

Parker, J.

The suit is on a joint policy of fire insurance in which the four defendant companies participated. The defenses, stated in a general way, were non-payment of premium; cancellation before the fire; and fraud in making the claim. The case went to the jury over motions to non-suit and to direct a verdict, and verdict and judgment were rendered for the plaintiff. The defendant took out a rule to' show cause reserving exceptions, and on the hearing of this rule the Supreme Court considered only the question whether a finding that the premium had…