Cuttle v. Concordia Mut. Fire Ins. Co.

I am not in accord with the opinion of Mr. Justice McAllister. The facts have been accurately stated.

In Cuttle v. Concordia Mutual Fire Ins. Co., 290 Mich. 117, we said:

“The issue was whether the notice was mailed. If it was duly mailed, such fact, under the bylaw, was conclusive evidence of its receipt, and nonreceipt could only be considered upon tbe issue of tbe mailing and tbe instruction should have so made limitation.”

As I view it, tbe only question involved in this ease is, Was tbe 1937 notice mailed? Upon this question there is positive and affirmative testimony as to tbe mailing.…