Clark v. Svea Fire Ins. Co.

This is an action upon a policy of fire insurance, and defendant appeals upon a bill of exceptions from a judgment rendered against it.

1. It is insisted that the court erred in its rulings upon the admission of evidence as to the ownership of the property covered by the policy. The policy was issued to the Brown-Steele Packing Company upon a stock of meats, and also upon the office fixtures and furniture situated in the building used by plaintiff in the conduct of the business of storing meats, etc. Plaintiff’s title to the property is derived by a bill of sale from the Brown-Steele Packing Company, and the policy was assigned to plaintiff at the time the bill of sale was made, and such assignment was duly approved by the defendant company. At the trial, defendant offered to show that the property was transferred to plaintiff for the purpose of defrauding the creditors of the Brown-Steele Packing Company, and that consequently the bill of sale carried no title. This line of evidence was rejected by the court, and we think most properly rejected. The subject matter covered by the evidence offered was of no concern to the defendant. The creditors of the plaintiff’s vendor were the…