110 Ala. 508 | Ala. | 1895
One error in the present record is fatal to any recovery by the plaintiff, and we will not notice the other assignments. The case is an action by the appel-lee on a policy of accident insurance. The injury received by the plaintiff resulted in the loss of an arm. By the terms of the policy, to entitle the plaintiff to receive the stipulated indemnity, he was required, within four months from the date of the injury, to furnish to the society affirmative proofs of the injury and duration
The stipulation is too j>lain for construction. In express and unambiguous words it provides that no suit shall be brought after six months from the date the proofs are received. This is a valid stipulation and effect must be given to it. See 11 Amer. &Eng. Encyc. of Law, p. 349, and many cases there-collected. There being no controversy as to these facts, it is evident the plaintiff can, in no event, recover. Wherefore the judgment of the city court must be reversed, and a judgment here rendered in favor of the defendant.
Reversed and rendered.