Gillingham v. Phelps

The purpose of this action, which was before us on appeal from judgment of dismissal, following sustaining of demurrer to the third amended supplemental complaint, in Gillingham v. Phelps, 5 Wn. (2d) 410, 105 P. (2d) 825, is to determine to whom should be awarded the proceeds of an insurance policy which covered property that was destroyed by fire.

Trial of the cause (on the same third amended supplemental complaint which was challenged by de murrer in Gillingham v. Phelps, supra) to the court sitting with a jury, resulted in verdict in favor of Dora S. Phelps. From judgment entered on the…