Vertullo v. Commonwealth Insurance

Defendant appeals from a judgment against it and in favor of plaintiff entered upon a jury verdict at Trial Term and from an order which denied its motion for a nonsuit and to set aside the verdict and for a new trial. The action was to recover for loss and damage by fire upon a fire insurance policy issued by defendant to plaintiff. By its pleading and proofs defendant tendered an issue as to the cancellation of the policy sued upon when another was written in substitution thereof with additional insurance upon furniture in the dwelling house. In our opinion the finding that the policy in…