Johnston v. Farmers Alliance Insurance

The opinion of the court was delivered by

Hopkins, J.:

The action was one to recover $2,000 on a policy of insurance covering a barn. The defense was that the barn had not been occupied for more than thirty days previous to the fire, contrary to the provisions of the policy, also that the plaintiff burned the barn. Plaintiff prevailed and defendant appeals.

The evidence disclosed these facts: A house on the premises owned by the plaintiff was burned December 1, 1924, and the barn March 21, 1925. On Márch 10, 1925, plaintiff held an auction at which time the barn was bid off for $505. The…