Brink v. Lackawanna Mutual Fire Insurance

Opinion by

Linn, J.,

This was a suit on a fire insurance policy. The defenses were that without consent endorsed on the policy, the premises had been left vacant over ten days, that other insurance had been taken out without similar consent, and that the policy had been cancelled a few days before the fire. The first two were sustained and a non-suit was entered. The refusal to take off the non-suit and two rulings on evidence are assigned for error. The latter need not be discussed, for in this disposition of the appeal, it is immaterial whether appellant received the policy by mail (3rd…