Lewis Baillie & Co. v. Western Assurance Co.

The opinion of the court was delivered by

Breaux, J.

The defendant insured fixtures of the plaintiff, of a drug store, occupied by the latter.

The amount of the policy was twenty-five hundred dollars, less the three-fourth value clause.

The premises were destroyed by fire.

Plaintiff brought this suit for the amount of the policy.

The plaintiff alleged that the required notice was given and proof of loss prepared and forwarded to the defendant within sixty days from the date of the fire, and that more than sixty days had elapsed since the proof of loss had been delivered.

Further, the plaintiff…