Franklin Insurance v. Wolff

Bobinsok", J. —

Appellant issued a fire policy on certain property to Harry B. Tuthill who afterwards conveyed it to one Haney and indorsed the policy to him; Haney then mortgaged the property to appellee, and with appellant’s consent the policy was made payable to appellee in case of loss. The property burned, and the mortgagee, appellee, sued, making appellant and the mortgagor defendants.

The two paragraphs of complaint are alike except one avers that proof of loss was made, and the other that it was waived by appellant’s denying liability. The first question presented is whether the…