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

John Dodd (plaintiff) sued American Ins. Co. (defendant) for fire-loss insurance proceeds, claiming 43 mules were destroyed, though trial witnesses testified only 34 were lost; the parties agreed to submit special-verdict questions to the jury, including whether Dodd set the fire and how many mules were lost, but neither party submitted the separate question of whether Dodd's claim for 43 mules was a willfully false representation. The jury found Dodd did not set the fire and that only 34 mules were lost; the judge then independently found Dodd's claim for 43 mules was a willful and material misrepresentation voiding the policy, and dismissed the case, prompting Dodd's appeal.