Hurst Home Insurance v. Deatley

Opinion of the Court by

Judge Carroll

Affirming.

The Hurst Home Insurance Company, winch is a mutual assessment company incorporated under the laws of this State, isssued to Deatley a policy insuring a stock and tobacco barn owned by him against loss by fire. While this policy was in force the barn was destroyed by fire, and the company refusing to pay the policy, this suit was brought.

In the second paragraph of its answer the company set up the following defense to the suit: “The defendant files he'rewith as part hereof marked ‘Exhibit Application’ the plaintiff’s written application for…