Bailey v. Firemen's Insurance Co.

H'atoheR, Judge:

The plaintiff, Bertie Bailey, owned property upon which her husband, R. H. Bailey, secured a fire insurance policy in his own name. Loss by fire occurred in April, 1926. She brought this action in February, 1928, to recover on that policy. A verdict in her favor was set aside by the trial court and judgment entered for defendant non obstante veredicto.

Among the defenses are (1) failure to bring the suit within the period permitted by the policy, and (2) res judicata. The period prescribed by the policy, within which litigation could be commenced, was the fourteen months…