Phenix Insurance v. Dungan

This was an action in the district court of Kearney county upon a policy of insurance, resulting in a verdict and judgment for the defendant in error, plaintiff below. The policy bears date of July 25, 1887, and expires July 25, 1892. The consideration therefor is the note of the defendant in error for $190, bearing date of July 25, 1887, and maturing July 1, 1888. The loss occurred on the 29th day of September, 1889. Proof of loss appears to have been made in due form and within the time specified in the policy. In the court below the plaintiff in error filed an answer in which, after…