Hyland v. Millers Nat. Ins. Co.

(dissenting.)

I dissent.

The majority opinion in finding appellant guilty of fraud in a suit in equity make the statement that, “It -is fair to presume that the conspiracy began, if not before the fire, immediately afterwards.” I cannot subscribe thereto. A man is presumed to be innocent at all-times until his guilt is established. Likewise fraud is not presumed. The presumption made, I believe to be erroneous.

The majority deny recovery on one ground and then proceed to support that conclusion by reference to and discussion of an alleged second ground. If the first is sound, the second is…