Boberg v. Fitchburg Mutual Fire Insurance

*788The opinion of the court was delivered by

Hutchison, J.:

The defendant in this case, a mutual fire insurance company, appeals from a judgment rendered against it in favor of a merchant on a fire insurance policy covering a stock of merchandise and fixtures. The defense was that the company was not liable because the application contained statements and warranties which were false and because of the failure of the plaintiff to make proof of loss. The reply alleged knowledge of the company, both as to the actual facts furnished for the application and as to the extent of the loss.

The case was…