Columbia Horse & Mule Commission Co. v. American Ins. Co.,

173 F.2d 773 (6th Cir. 1949)

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Nature of the Case

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Facts

This suit was over the recovery of insurance proceeds for the loss of 43 mules destroyed in a fire. Special questions were submitted to the jury for a special verdict. The jury found for appellant in issue one, but the jury also found that 34 and not 43 mules were destroyed. The court then considered the proof of loss affidavit claiming recovery for 43 mules to be a willful and material misrepresentation and a false swearing in violation of the policy of insurance. The court then dismissed the action. Appellant appealed; the issue of the false affidavit should have been submitted to the jury.