Glover v. Liverpool & London & Globe Insurance

Plaintiff sued to recover $1800 on a policy of fire insurance. The jury returned a verdict for him fixing his loss at $1063.32 and assessing a penalty and attorney’s fees against defendant for vexatious refusal to pay the loss. Defendant filed no motion for a new trial but within four days filed a *490motion to modify the judgment “by striking therefrom the finding and judgment for the ten per cent penalty and for the attorney’s fee, for the reason that, as shown by the verdict, plaintiff is not entitled to-recover .damages for vexatious delay or attorney’s fee.” This motion was overruled,…