HARTFORD FIRE INS. CO. v. NANCE

No. 4513.

12 F.2d 575 (1926)

HARTFORD FIRE INS. CO. v. NANCE et al.

Circuit Court of Appeals, Sixth Circuit.

April 9, 1926.


Attorney(s) appearing for the Case

C. G. Myers, of Chicago, Ill. (Myers & Snerly, of Chicago, Ill., and Carlyle & George, of Youngstown, Ohio, on the brief), for plaintiff in error.

W. A. O'Grady, of Wellsville, Ohio, for defendant in error.

Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.


MOORMAN, Circuit Judge.

This is an action on a fire insurance policy issued to Thomas and Lucy Nance. There was a recovery in the court below. Defendant relied, among other defenses, upon the breach of a stipulation of unconditional and sole ownership of the property. This was based on a provision in the policy, vitiating it "if the interest of the insured be other than unconditional and sole ownership, or if the subject of...

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