
    People’s Fire Insurance Company v. George Heart.
    Motion for leave to file petition in error to the Superior Court of Cincinnati.
    
      George Heart, the defendant in error, brought an action 'in the Superior Court of Cincinnati, against the People’s Insurance Company, plaintiffs in error, upon a policy of insurance, as assignee of said policy.
    The averments of the petition are substantially as follows:
    That on the 15th day of June, 1871, in consideration of ■the payment to the defendant of the sum of $65 premium, ■defendant made and delivered its policy of insurance in writing (a copy of which is set out in the petition), whereby the defendants did, for the term of oue year, in,-sure, upon the property therein described, and occupied by the insured, the Ensign Handle Company, againstloss or damage by fire, to the amount of $2,000, and promised and agreed to make good unto said insured or their assigns, all loss or damage by fire to said property.
    That on the 20th day of April, 1872, the said property insured was wholly destroyed by fire, and that all the ■conditions of the said policy of insurance were duly performed on the part of the insured, etc.
    The defendant demurred to the petition, for that it did not show that the insured had an insurable interest in the property. The demurer was overruled. The Superior -Court, at general term, on error, sustained the ruling of the special term. It is to reverse the ruling of the general term that leave is asked to file petition in error’
    
      Matthews, Ramsey $ Matthews, for the motion.
    
      C. W. Cole, contra.
   By the Court.

Where, in an an action upon a policy of insurance, it appears from the petition that the insurance company, for a specified premium, executed and delivered a policy insuring A against loss by fire, on specific property ■occupied by the insured, an insurable interest in the insured, under the code, is sufficiently shown.

Motion overruled.  