54 Neb. 495 | Neb. | 1898
On February 26, 1892, the Home Fire Insurance Company issued to John M. Peyson a policy of fire insurance covering bis dwelling-house and the household furniture therein contained. On the morning of June 27, 1894, the property was wholly destroyed by fire. The defendant refused to adjust the loss and Peyson commenced this action against it in the district court for Dakota county. A trial resulted in a verdict and judgment for the plaintiff, and the defendant brings the record to this court for review.
The company defended the action on the theory that the plaintiff had violated the following condition of the policy: “If the above mentioned buildings be or become vacant or unoccupied and so remain for more than ten days without consent indorsed hereon, then, in each and every one of the above cases, this entire policy shall be null and void.” It is now strenuously insisted that the non-occupancy of the premises at the time of the fire and for six or eight months prior thereto was conclusively proven and that the trial court should have peremptorily directed a verdict in favor of the defendant. The evidence is voluminous and conflicting. We cannot present it here nor discuss it at length. It either establishes, or tends to prove the following facts: That the insured building was situated in Covington, in this state, just across the river from Sioux City, Iowa, and was the home of Peyson, who occupied it continuously with bis wife from the time it was insured until October, 1898, when they both went temporarily to Sioux City to enable Mrs. Peyson to receive medical treatment from a physician of that place; that they did not again regularly occupy the insured premises, but that the plaintiff, who was engaged in business both in Sioux City and Covington, went there frequently and slept there about half the time; that be
Affirmed.