Insurance Co. v. Manchester Fire Assurance Co.

Mr. Presiding Justice Dibell

delivered the opinion of the court.

First. It was proved that after the fire appellee tendered appellant $80 for the premium for said reinsurance and appellant refused to take the money. The offer was certainly evidence tending to show an admission by appellee that there was that sum due to appellant for the premium for said reinsurance. Under the stipulation no plea was necessary to enable appellant to set off that sum against appellee’s demand. The instruction, verdict and judgment each ignored this evidence of a set-off, and they are excessive in amount, as the…