Patrons Mutual Fire Insurance v. Perl

• Mooee, J.

Plaintiff is a mutual fire insurance company and filed its bill of complaint in the circuit court for Ingham county to cancel a policy of insurance issued to the defendants for breach of warranty, misrepresentation and fraud in procuring the insurance. Defendants filed an answer denying all fraud and a cross-bill asking for a decree for the amount of the policy. A hearing was had in open court, after which the trial judge said in part:

“This court must be governed by the testimony that comes to it in open court, and not by any preconceived notions that the court may have. The…