McGlade v. Home Insurance

The opinion of the court was delivered by

Garrison, J.

This action is brought upon a policy of tornado insurance issued by the defendant. The plaintiff proved the fact and quantum of her loss. The defendant offered no testimony. The verdict is consistent' with the evidence. ' .

It is urged, however, that the trial court erred in its refusal to nonsuit the plaintiff for failure to prove "the giving of notice of loss required by the policy. The plaintiff had averred the performance of conditions precedent generally under section 118 of the Practice act (Pamph. L. 1903), so that the1 ruling of the…