Blood v. Hawkeye Insurance

The cau-se was submitted to the court without a jury. At the close of the evidence the defendant moved the court for judgment in its favor, for the reason, among others, that the action was prematurely *729brought, because it was less- than ninety days after the “affidavit and proofs of loss” required by the statute were served on 'defendant. The petition shows that the loss occurred on the twenty-second day of September, 1894, and that proofs of loss were prepared and agreed upon October 20, 1894. The action was commenced December 27, 1894. A part of section 3, chapter 211, Acts Eighteenth…