Fairbanks

Fairbanks and the National Fire Insurance Company joined in this action to recover damages for the destruction of a certain building by fire, resulting from defendant’s negligence. It was alleged in the complaint that the building was the property of Fairbanks, of the value of eighteen hundred and thirty-five dollars, and insured by the insurance company for nine hundred dollars, which latter sum said company paid to Fairbanks before the commencement of the action; also, that Fairbanks’ business carried on in the building was interrupted by its destruction, to his loss of profit, stated at three hundred dollars; plaintiffs prayed damages in the sum of two thousand one hundred and thirty-five dollars. A demurrer to the complaint for misjoinder of plaintiffs and of causes of action was overruled, and defendants answered, denying, among other things, that Fairbanks owned the building.

■ It appeared in evidence that one Fulton formerly owned a tract of land which included said structure; December 10, 1872, he conveyed the land to defendant by deed containing a reservation of the “ right to maintain” the building, with the privilege of ingress and egress to and from the same over the…