Chambers v. Home Ins. Co. of New York

FOSTER, Justice.

This is the second appeal in this case. See 29 Ala.App. 34, 191 So. 642; 238 Ala. 440, 191 So. 645.

The question then before the court was the sufficiency of plaintiff’s replications to pleas alleging a ‘failure to furnish proofs of loss, and to submit to an appraisal the amount of the damages. The replications alleged that defendant denied liability on the policy, and it was held on that appeal that they presented sufficient matter in avoidance of defendant’s pleas.

When the suit was remanded on another trial, evidence was taken on the issues thus made. The trial judge took the…