Cottom v. National Fire Insurance

The opinion of the court was delivered by

Cunningham, J.:

Plaintiff* in error held a fire insurance policy for $400 issued by the defendant company. This policy was payable, in case of loss, to a mortgagee, as his interest might appear. The property was destroyed by fire, and the insurance company settled with the mortgagee, the amount paid being less than the amount of insurance. This action was brought by the owner of the property to recover the balance due under the policy.

The petition, besides alleging the issuance of the policy and the loss-of the property, set up the payment of a portion…