Durham v. Quincy Mutual Fire Insurance

MARTIN, Justice.

We have examined all of the errors assigned by the defendant and, in particular, the two errors upon which the Court of Appeals has based its decision to award the defendant a new trial, and we reverse. For reasons which follow, we conclude that the trial of this case and the judgment entered thereupon must be sustained.

The defendant fire insurance company attempted to show at trial that a possible motive for plaintiffs intentionally setting the fire arose out of an ongoing dispute between plaintiff and his estranged wife, in which Mrs. Durham was insisting that she be awarded…