DeVries v. Spring Valley Township Mutual Fire Insurance

Action on an insurance policy. There was a verdict for the plaintiff. The defendant appeals from the order denying its alternative motion for judgment or a new trial.

On July 23, 1924, the plaintiff sustained a fire loss of $405 on his farm property. He had an effective policy in the defendant company unless forfeited by nonpayment of an assessment due June 5, 1924; and the fact of forfeiture depends upon whether a notice of assessment had been mailed him by the company 30 days prior thereto. It is conceded, if we understand counsel, that under the by-laws the mailing of the notice was the one…