Franklin Insurance v. Smith

This was an action upon a policy of insurance, to recover for a loss by fire. The plaintiff below recovered, and the defendant appealed.

We find it necessary to notice but one of the errors assigned for the reversal of the judgment: the one respecting a variance.

The declaration contains but one count, and purports to set out the policy of insurance in hcec verba. One of the conditions of the policy of insurance is set out in the declaration as follows: “The company may, at any time, cancel this policy, returning the unexpired premium pro rata, and the assured may cancel by paying customary…