Lincoln Fire Insurance v. Hurst

Frank E. Welles sold to Ernest Hurst a certain lot together with materials for building a house thereon under a conditional sales contract. The purchaser was a carpenter who erected the house and thereupon the agent of plaintiff in error solicited Hurst to write insurance on the house and the furniture in the house. The agent inspected the house and wrote a policy in the sum of $1,250.00 in s'uring the house against loss by fire, the insurance payable to Frank E. Welles and Ernest Hurst.

While the policy was in force the house and furniture were destroyed by fire. After the fire occurred there…