Indiana Court of Appeals January 31, 1895, No. 1,392 (German Mutual Insurance v. Niewedde)

Gavin, J.

The appellee’s complaint sought to recover for the loss of a stock of goods by fire, against which it was insured by appellant. The answer was a general denial, and in addition thereto that there had been a breach of the condition of the policy by an existing incumbrance. To this answer appellee pleaded a waiver of the condition.