FRANKLIN NAT. INS. CO. OF NEW YORK v. HIBBITT


264 S.W.2d 648 (1954)

FRANKLIN NAT. INS. CO. OF NEW YORK v. HIBBITT.

Court of Appeals of Kentucky.

February 5, 1954.


Attorney(s) appearing for the Case

Richardson & Barrickman, Glasgow, for appellant.

Wilson & Wilson, Glasgow, for appellee.


MILLIKEN, Justice.

R. J. Hibbitt, the appellee, an illiterate Negro, widower and father of five young children, sued the Franklin National Insurance Company of New York, the appellant here, to recover on a fire insurance policy it had issued on his home, and recovered judgment for $1,000. In its answer the company denied liability and pleaded specially that it believed the insured had an undisclosed mortgage on his home, an allegation disproved at the trial. Subsequently...

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