McCarty ex rel. Greely v. Louisiana Mutual Insurance

The plaintiff sues ior $800, the amount of an insurance on a frame cottage, which was burned on the night of June 7, 1869„ *355and he prays that “judgment be rendered in favor of petitioner for the use of Albert A. Greely, for whose use and benefit said policy was effected.”

The defendant admits the issuance of the policy, but alleges “that the same is null, and that no risk was taken under the same, for reason of fraud and misrepresentation of petitioner, McCarty, in making his application for the same; that he then represented and held himself out as the owner of the property sought to be…