Bates v. British America Assurance Co.

Rxsh, Justice.

Mrs. Bates sued the insurance company upon a policy of fire insurance for five hundred dollars, alleging that the property insured had been destroyed by fire and that it was of the value of seven hundred and fifty dollars. The defendant admitted the execution of the policy sued on, the loss of the building insured, and liability under the terms of the policy for the value of the building; but contended tbat, under a written agreement between the parties, there had been an •appraisement and award fixing the amount of the plaintiff’s loss, and that the defendant had paid to the…