Cobbs v. Fire Ass'n

The action in this case is assumpsit upon a policy of insurance, which was issued upon the same prop, erty as that covered by a policy issued by the North British & Mercantile Insurance Company, and which came before this Court for consideration in the case of Marthinson v. North British & Mercantile Insurance Co., 64 Mich. 372 (31 N. W. Rep. 291). The same defense is interposed in this case as was in that, and the testimony in this case tends more strongly to prove a waiver of the defense of forfeiture *464of the policy than appeared in the record in the Marthinson Case.

A waiver may be proved…