Marthinson v. North British & Mercantile Insurance

Plaintiffs recovered in the court below upon s, fire insurance policy, written by the defendant in favor of Barrington, Wilson & Co., upon mill property at Round lake, near the city of Cadillac, in the county of Wexford.

The defense gave notice, under the general issue, that *374there was an application and survey on file with its agents, which was a warranty of the assured, and made a part of the policy sued upon; and alleged a breach of the warranties therein contained^ and forfeitures of the policy, as follows:

“1. That the insured property was worth $12,000.

“2. That the said property was…