Cara v. Newark Fire Insurance

Opinion by

Mr. Justice Drew,

May 22, 1933:

This is an action in assumpsit upon a policy of fire insurance issued by the defendant, to recover a loss suffered by plaintiff by the burning of the insured property, a coal breaker, on June 9, 1929. At the close of plaintiff’s testimony, the trial judge granted defendant’s motion for a compulsory nonsuit on the ground that plaintiff had failed to show compliance with the provision of the policy requiring him to furnish to the company a signed and sworn proof of loss within sixty days after the fire. After argument, the court in banc refused to strike…