Hennessy v. Niagara Fire Insurance

The opinion of the court was delivered by

Scott, J.

— This action was brought on an insurance policy to recover the amount insured on a stock of merchandise which was burned. Judgment was rendered for the plaintiff, and the defendant appeals.

It is contended that the action was prematurely brought, in that the plaintiff failed to furnish proofs of loss after the fire, under the conditions of the policy, and in that the policy provided that in the event of a loss and in case of a disagreement as to the amount thereof, the same should be ascertained by two competent and disinterested appraisers,…