Finkbohner

In consequence of the destruction by fire of a frame dwelling belonging to plaintiff and which was insured on June 14, 1903, for three years by appellant, this action was brought on the insurance policy for the sum of $600. Plaintiff had judgment and defendant appealed from the order denying its motion for a new trial.

The main controversy hinges upon the effect to be given to this clause in the policy: “This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto shall be void ... if any change, other than by the death of an insured, take place in the interest, title or possession of the subject of insurance (except change of occupants without increase of hazard) whether by legal process or judgment or by voluntary act of the insured, or otherwise.” ■

April 6, 1905, more than two months prior to the fire, without any indorsement being made on said policy or addition thereto and without the knowledge or consent of appellant, the respondent entered into a written agreement with M. D. Baton and W. D. Buckley, the nature of which the following clause will show: “The said party of the first part (Charles Finkbohner) in consideration of the covenants and…