54 Minn. 336 | Minn. | 1893
This action was upon a policy to recover for loss and damage by fire to the property covered by it on the 23d day of June, 1892. The terms and conditions of the policy are not set forth in the complaint, but it alleges, generally, that the plaintiff had performed all the conditions of the insurance on his part, which the answer denies. Upon the trial the plaintiff, who was called as a witness, was allowed to state generally that he had complied with all the conditions of the policy, without producing the policy in evidence. This error was prejudicial; unless it is made to appear from the record that by subsequent competent evidence it was cured. This, we think, was not done. It is not questioned that the conditions of the policy require that notice of loss by the fire shall be immediately given to the company, and that within sixty days a statement of the value of each item of
Order reversed.