Burke v. National Liberty Insurance Co. of America

Hinman, J.:

The action was brought by the plaintiff as trustee in bankruptcy upon a fire insurance policy issued by the defendant to the bankrupt to recover a loss thereunder by reason of a fire which occurred in the store of the bankrupt prior to his bankruptcy which he was conducting in the name of the National Drygoods Company. *739The answer of the defendant admitted the issuance of the policy and the amount of the loss but denied that the assured (the bankrupt) had performed all the conditions of the policy on his part to be performed before the commencement of the action. This included of…