Kinney v. Hudson Insurance

The opinion of the court was delivered by

Marshall, J.:

This action is one to recover on a policy insuring wheat against loss or damage caused by hail. Judgment was rendered in favor of the plaintiffs, and the defendant appeals.

*265The cause was submitted to a jury, which answered special questions, but under an agreement of the parties a general verdict was not returned. The answers to the special questions were as follows:

“1. Did the-plaintiffs send to the defendant their sworn proof of loss within sixty days from the date of the loss, as required by paragraph No. 20 of the stipulations and…