Nasaroff

The plaintiff brought this action to recover on a fire insurance policy covering buildings and furniture and fixtures, which were destroyed by fire. Judgment was entered in favor of the plaintiff and the defendant has appealed.

The answer alleges that the plaintiff, with intent to defraud the defendant, caused the property to be burned.' The jury found against this defense and the appellant concedes that such finding is conclusive on appeal. The policy provides:

Plaintiff’s title was acquired by a deed in which plaintiff, John Nasaroff and “Natalie Nasaroff, his wife,” are named as grantees. It appears from the evidence that the true name of the woman described in the deed as the plaintiff’s wife is Natalie Oshen, and that she was not his wife during any of the time which is material here, but that during all of that time she was the plaintiff’s housekeeper, both of them having been married and both having children, all of which children lived in the plaintiff’s home and were cared for by Mrs. Oshen. On cross-examination the plaintiff was asked: “And you have lived with this Natalie Nasaroff as your wife?” He answered: “Not as his wife.” The form of the answer is due to the fact…