Farrell v. Farmers & Merchants Insurance

Plaintiff appeals from a judgment against him in a suit on a fire insurance policy. Defense that plaintiff did not make proof of loss as required by said contract. Replication that notice was given, that defendant waived such proof, and is estopped to make said defense.

The jury, in conformity with the court’s instruction, returned a verdict in favor of defendant. We must therefore give the evidence a liberal construction in plaintiff’s favor. The evidence discloses that the policy was issued through a Mr. Berry, defendant’s recording agent at Me-*73Cook, and the premium paid. During the life of…