1 Rob. 192 | La. | 1841
,The defendants are appellants from a judgment by which the plaintiff has recovered the value of goods insured in their office, and' destroyed by fire. The answer admits the insurance, and that a portion of the goods insured was destroyed by fire. It denies all other allegations in the petition, and especially that the damage amounted to the sum claimed ; it avers that the plaintiff has exaggerated his loss, with a view to defrapd the defen
The appellants’ counsel has Urged that the judge erred in overriding his objection to the verdict, on the ground that no proof of •compliance with the several conditions of the policy was offered, and particularly of the preliminary proofs of loss. By a clause in the policy, article 7, it is provided, that ‘ all persons assured by this company, sustaining any loss or damage by fire-, are forthwith to give notice to this company, and, as soon as possible after, to deliver in as particular an account of their lo'ss or damage, signed with their own hands, as the nature of the case will admit of, and make proof of the same by their oath or affirmation, and by their books of account, or other proper vouchers, as shall be reasonably required ; and shall procure a certificate under the hands of a magistrate, or sworn notary of the city or district, in which the fire happened, not concerned in such loss, importing that he is acquainted with the character and circumstances of the person or persons insured, and knows or verily believes that he, she, or they really, and by misfortune, without any kind of fraud or evil practice, have sustained by such fire, loss or damage to the amount therein mentioned ; and until such affidavit and certificates are produced, the loss money shall not be payable ; also, if there appears any fraud or false swearing, the claimant shall forfeit his claim to restitution or payment, by virtue of this policy.’
The petition does not express a compliance in detail with the provisions of this clause, but alleges that the defendants were legally put in default. The record exhibits proof of the plaintiff
Judgment affirmed,
Morphy, J., Being interested, did not sit on the tidal of this caáé.