Monpleasure v. Home Insurance

This is a suit on a fire insurance policy by the owner and the mortgagee to recover for the loss of a dwelling and barn. The cause was tried before the court and a jury. Plaintiff recovered and defendant appealed.

In using the term plaintiff we have reference to plaintiff Monpleasure as the mortgagee is not mentioned except in the petition. In the application plaintiff stated that he was the sole and absolute owner of the property insured. The policy provided that “if the insured shall not be the sole and unconditional owner in fee of said property” then the policy would be null and void. A…