Michigan Fire & Marine Insurance v. Magee

Plaintiff, appellant, brought suit against respondents for declaratory judgment to determine the rights of the parties under a fire insurance policy and respondents filed joint answer and cross petition. The judgment was in favor of the defendants on plaintiff’s petition, and in favor of defendants on their cross petition in the sum of $5000 on the policy, plus $320.83 interest, $500 ,as penalty, and $750 attorneys’ fees, totaling $6,570.83. From the above judgment the plaintiff appealed.

The following facts are either stipulated or stand uncontroverted. O. F. Magee and Julia E. Magee were…