Backus v. Exchange Fire Insurance

This case was brought on for trial at a trial term of the court, trial by jury having been waived, upon a stipulation as to the facts, and judgment was directed for the defendant-The parties, by their stipulation, agree that the only question at issue is the construction of the provision in the policy relating to a cancellation thereof, and state the question to be as follows:

“The plaintiffs claim that the said policy was not canceled by the defendant by the service of said notice on the plaintiffs, for the reason that same was not accompanied by payment or tender to the plaintiffs of the…