Saint Paul Fire & Marine Insurance v. Owens

The opinion of the court was delivered by

Greene, J. :

This was an action to recover on a fire-insurance policy in which judgment was rendered for plaintiff. The defendant’s demurrer to plaintiff’s evidence was overruled, and the court, at the close of the evidence, refused to instruct the jury to find for the defendant. These are the first two errors alleged. They involve but one question, which is whether the failure of plaintiff to make proof of loss within sixty days after the fire forfeited his policy. It is contended that by the condition of the policy the failure on the part of the…