Niagara Fire Ins. Co. v. Wilkerson

BENNETT, C. C. B.

Wilkerson sought to recover of defendant on a policy of fire insurance covering real and personal property. The cause was tried to the court and plaintiff was awarded $500. Defendant appealed. The pleadings, in the usual form, disclosed the issuance of the policy and the destruction during the term of a part of the property covered. The property destroyed was a barn, grain, seeds, harness, wagon, and hay. Defendant relied upon the failure of plaintiff to disclose in his application the existence of a second mortgage whereby the policy became null and void. The parties will be…