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Page:United States Reports, Volume 2.djvu/291

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Summit Conor or Pumjylouia. at; entitled to recover the principal fum iufured, and interell, to rygy. . commence at the expiration of three months after the demand 4/rs! for payment.” _ . · Vcrdi& for the Plaintilli" After the frond trial, and argument on the [pedal verdi&, rm; Counsr feemed to be of opinion, “ that the plaintilf could not recover ; becaufe, he had not made proofof the lofs, accor- ding to the terms of the policy, three months previoully to the commencement of the a&ion.” No opinionwas then, however, exprellcd on the fecond objeétion made by the defendanfs coun- tel; but Tru Count alked, whether he would wave the objec- tion to the time of commencing the action, that the eaufe might be decided on its merits? And he refufed to comply. ‘ Cnr. Adv. VJ:.

  • The fury. alter being out Tome time, returned to the Bar, and

declared they could not agree, on account of the laplc of time, and exprelled a delire to examine Mr. Kaighn (who had efl`eé`led the inlin- ranre as agent) relative to the char:·.&er and conduct of the plaintilli It thereupon appeared, that the witnefs had not heard from the tiff from x786 till 179:, when he delired that the policy might be · . ‘- given to Mr. Rol`e to l·e recovered; and that, fometime before, in a _ converlhtiou with the witncl`s's partner, the plaintif had faid, gs g __ ` realbn tor not applying to the untlerwrilersr " that he mul} obtain th; .' `· captain's protell and vouchers of-the lofs, before he could recover on _ the poli•:y." It, all`¤, appeared, that the plaintiff was a man of im-. pm-lelmhle chametrr. The ]nry, havingreceived this further ikric. ‘ {action, Toon dclir ered a verdict for the plaintilli ·' X