Home Ins. Co. of N.Y. v. Thornhill

This is an appeal from a judgment for the appellee in a suit on a fire insurance policy issued to him by the appellant.

By two special pleas, the appellant sought to avoid the policy because of a false answer in the application therefor as to appellee’s title to the property, and the violation of a provision of the policy that the insured must be the sole and unconditional owner of the property in fee.

At the close of the evidence, the appellant requested, but was refused, an instruction directing the jury to return a verdict for it.

The essential facts disclosed by the evidence are, in…