Page:Federal Reporter, 1st Series, Volume 4.djvu/73

 MACK V. LANCASHIBB INS. CO. 59 �I have no doubt of this : Assuming she had the right to mortgage the properfcy, in order to effectuate the general pur- poses of the will as for her maintenance, if an imperfect mortgage or security •were given, she had the right to perfect it, and make it a complete mortgage. If there was any error, omission, or imperfection in the first mortgage, it could be removed bj" a second. ���Maok & Co. ». Lakoashire Ins. Co. and others.* �lOirouit Court, D. MUwuri,, 1880.) �1. PnŒ iNstmANCB-^AcTioN ON PoLicr— EviDBNCB.— In an action npon �an Insurance policy the plaintiS is bound, in the absence of any ad- mission by the defendant, to establish, by a preponderance of the evidence, (1) the execution of the policy, (2) the total or partial de- struction of the insured property, (3) the amount of the loss or value of the insured property destroyed, (4) and such notice and preliminary proof of loas as the policy requires. �2. Same — "AcTUAL Cash Vaiub." — In such case the term "actual cash �value' ' means the sum of money the insured goods would have brought for cash, at the market price, at the time when, and place where, they were destroyed. �3. Samb — Fracbulbstt Claih. — ^In order to establish the fact of a fraud- �ulent claim, it must appear (1) that there was a f aise statement in the preliminary proof as to the value of the goods destroyed, and (2) that such f aise statement was made with knowledge that it was false, and with the intent to defraud the defendant by deceiving him as to the value of the goods. �4. Bamb — Same. — The mere fact that the loss is less than that stated in the �preliminary proof, would not be sufflcient to establish fraud, though if the discrepancy between the true value and that stated by the insured is large, it would be some evidence bearing upon the issue of fraud. �5. Samb — Abson— EvroENCE. — In a civil case the fact of arson need not �be established beyond ail reasonable doubt, but it must nevertheless be established by a clear preponderance of ail the evidence adduced. �6. SAurB — Vbxatiotts Dblat — ^Damages— Evidekcb.— In order to recover �damages for vexations delay in the payment of a policy, it must be shown that there was no reasouable ground for contesting either the validity or the amount of the claim. �*Two otlicr comptinics were conecrncdas defendants. ����