Central Nat. Fire Ins. Co. of Chicago v. Black

This action was brought by the defendant in error against the plaintiff in error upon a policy of fire insurance issued by the latter, insuring Black against all direct loss or damage by fire, with certain* exceptions not important to be mentioned, to an amount not exceeding $5,000 “on his stock of merchandise, consist *9 ing principally of wines, liquors, cigars, beer, soda and mineral waters, and all other goods, wares, and merchandise not more hazardous, kept for sale by assured, while contained in two-story, shingled roof,, frame building, and adjoining and communicating additions thereto, while occupied as saloon, and situated on lot 6, block 6, Tinker’s North addition to Long Beach, Pacific county, Wash.” That the saloon building and its contents were completely destroyed by fire during the life of the policy is not disputed.

The insurance company by its amended answer set up in defense that the value of the plaintiff’s stock of goods did not exceed $1,000 in value at the time of the fire; that the fire-“was caused by the act, design, or procurement of the plaintiff and not otherwise”; that the proof of loss made by the insured, which was sworn to by him, did not comply…