Fidelity Union Fire Ins. v. Pruitt

J. F. Pruitt sued Fidelity Union Fire Insurance Company on a fire policy for $2,000, issued by defendant on a building belonging to plaintiff. Defendant admitted the issuance of the policy, the destruction of the building by fire, alleged that the loss, if any, under the policy, was payable to two lien creditors as their interest might appear, admitted liability to the lien creditors (under article 4931, R.S. 1925), and showed that it had paid the amount of the policy in full to these creditors, and thus had fully discharged its liability.

In a cross-bill, defendant, while acknowledging…