Smith v. Republic County Mutual Fire Insurance

The opinion of the court was delivered by

Burch, J.:

The plaintiff is the assignee of a policy issued by the defendant, a mutual fire, lightning and tornado insurance company organized under the laws of this state. Having suffered a loss, the plaintiff brought suit on the policy. The defense was that he had failed to pay an assessment on the premium note given by his assignor, and consequently that he had forfeited his right to indemnity. He replied that the assessment was illegal. The statute (Laws 1885, ch. Í32, § 15; Gen. Stat. 1909, § 4221) authorized the company to adopt a by-law excluding…