Castner v. Farmers' Mutual Fire Insurance

The plaintiffs recovered in the court below a certain loss which they had suffered by the burning of a dwelling-house and part of the contents, which had been insured by the defendant company. The policy was issued on March 2d, 1878, and the fire occurred on the 5th of October following. A wood house stood about ten feet from the dwelling, and an apartment in it contained a stove and was used for drying fruit. The fire started in that room.

The application for insurance made no mention of this building. Notice was regularly given of the loss and the com*275pany acted upon it. The preliminary proof…