Hemmings v. Home Mutual Insurance

Vermilion, J. —

-The claim of the plaintiff and appellee is to recover upon a policy of insurance issued by the appellant company, for the loss by fire of 12 head-of cattle and 18 tons of hay.

The issuance of the policy and the fact of the loss were admitted. The defense is based upon the claim that, at the time 'the policy was issued, the property insured was mortgaged, which fact was concealed by the appellee, and after the issuance of the policy, the próperty was further incumbered by a mortgage, without the consent of the company, all in violation of the terms of the policy. These defenses…