Madsen v. Farmers & Merchants Insurance

This is an action upon an insurance policy. The policy was dated October 15, 1907. It provided for $4,700 insurance upon merchandise, $300 upon furniture and fixtures, and $100 upon a piano, all contained in a store building in Cotesfield, Nebraska, the property of Joseph Jarosz. On the 1st of December, 1907, the property was destroyed by fire. The petition alleges that a few days afterwards defendant offered to pay the full amount of the policy within 60 days, as provided by the policy, or to pay the *108same immediately, less a discount of 2 per cent.; that the plaintiff, who is the trustee in…