This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897. Excerpt: ... Phillips v. The Ohio Farmers' Insurance Co. the fire; that witness was desirous of bidding the property in, and to that end was seeking to raise money; and further, for the purpose of tending to show that the fire in question was of incendiary origin and that she either burned the buildinsg or property insured, or.procured the same to be burned. For the purposes aforesaid, the following questions were asked and allowed by the court: qHad not Arthur, the mortgagee, brought suit to foreclose the mortgage, and was it not advertised for sale under that proceeding at the time of the fire: Was not the farm deeded to you by your husband after the policy was issued?q In regard to the first question, that perhaps, is proper, because the allegation of the plaintiff was, that he was the owner of the property at the time it was insured, and he left that matter standing as a fact that he was the owner at the time the fire occurred. That was put in issue by the answer. It might be competent, under that state of pleadings, for the defendant to show that he was the owner at the time the fire occurred. The other questions refer entirely to matter that arose upon the defense set up by the company. Save and except, I think, the question in regard to the incendiary origin of the fire, --that she either burned the buildings, and property insured, or procured the same to be burned, --there was no allegation in the answer in any form that the buildings were burned by the plaintiff, or indeed, that the fire was of incendiary origin. The question as to whether this fire was of incendiary origin was a question entirely foreign to this issue, unless it was connected directly with parties to this suit, because the policy of insurance covers incendiary fires as well as accidental fires, ...This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897. Excerpt: ... Phillips v.
|Title||:||Reports of Cases Argued and Determined in the Circuit Courts of Ohio|
|Author||:||Ohio Circuit Courts|
|Publisher||:||General Books LLC - 2009-12|