Franklin Ins. v. Humphrey

Suit hy the appellees, upon an insurance policy alleged to have heen made by the appellant to Francis M. Humphrey, for the benefit of his mortgagees, insuring a wharf-boat against loss or damage by fire, and other perils, averring, that, by a large sheet of ice floating in the Ohio River, the boat was carried away, wrecked, burned and wholly destroyed, without the fault or negligence of the appellees.

A demurrer, alleging the want of facts sufficient to constitute a cause of action, was overruled to the complaint, and exception reserved.

Answer in five paragraphs.

The first paragraph avers, in…