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OLD COLONY INSURANCE COMPANY v. GARVEY

No. 7551.

253 F.2d 299 (1958)

OLD COLONY INSURANCE COMPANY, Appellant, v. E. W. GARVEY and wife, Mary L. Garvey, Appellees.

United States Court of Appeals Fourth Circuit.

Decided March 3, 1958.

Attorney(s) appearing for the Case

Joshua S. James, Wilmington, N. C. (James & James, Wilmington, N. C., on the brief), for appellant.

Wallace C. Murchison (Yow & Yow, and Carter & Murchison, Wilmington, N. C., on the brief), for appellees.

Before PARKER, Chief Judge, and SOPER and SOBELOFF, Circuit Judges.

PARKER, Chief Judge.

This is an appeal from a judgment for plaintiff in an action to recover on a fire insurance policy on a dwelling house. The defense was that the house had been vacant for more than the sixty days allowed by the policy at the time of its destruction by fire and that the policy had been issued upon the false representation by the owner that the house was occupied by a tenant at the time of the application for and issuance of the policy. The case...

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