Ley v. Home Insurance Co.

Plaintiff brought this action to recover for the loss by fire of an automobile owned by him. The defendant, answering, denied liability under the policy on the ground that it provided that it should not be liable for loss should the automobile insured be mortgaged by the plaintiff subsequent to the issuance of the policy, and alleged that the plaintiff had executed such a mortgage. The plaintiff, replying, alleged that the defendant with knowledge of the execution by the plaintiff of the mortgage subsequent to the issuance of the policy, had waived a forfeiture thereunder. The case was tried…