Belk's Department Store v. . Insurance Co.

STACY, C. J., and BROGDEN, J., dissent. This is an action brought by plaintiff against defendant to recover $5,000 on an alleged fire insurance policy issued by defendant to plaintiff. The issues submitted to the jury, and their answers thereto, are as follows: "(1) Did the plaintiff and defendant enter into the contract of insurance, as alleged in the complaint? A. `Yes.' (2) If so, did the plaintiff, at the time of the issuance of such contract, have other and additional fire insurance outstanding on its stock of merchandise, as alleged in the answer? A. `Yes' (by consent). (3) If so, did…