Ohio Supreme Court December 15, 1876 (Wilkins v. Tobacco Insurance)

Johnson, J.

To determine whether there is error in this case, two points are presented for consideration :

1st. Was the policy cancelled by the mutual consent of the parties prior to the total loss? This is to be determined by the evidence in the case.

2d. Did the trip up White River avoid the policy ? This is a question of law, to be settled by a construction of the terms of the policy.

1st.