Evans v. Farmers' Reliance Insurance

The opinion of the court was delivered by

Trenchard, J.

This is a suit upon two fire insurance policies issued by the defendant company to the plaintiff and covering personal property destroyed by fire. The trial judge, at the Camden Circuit, directed a verdict for the plaintiff, and the defendant appeals from the consequent judgment.

The defendant-appellant contends that the trial judge erred in directing a verdict for the plaintiff because, as it argues, “the plaintiff’s right of action had not matured” in that he did not fulfill the conditions precedent to bringing his action.

The conditions…