if established, defeat the premium note, the case would have been otherwise.
Same; Failure to Furnish Proofs of Loss.
Where the plaintiff was bound by the terms of his policy, in the event of a loss, to furnish the insurer certain proofs of loss, but wholly failed to furnish the prescribed proofs or any proofs of loss, either within the time limited by the policy, or within a reasonable time thereafter, or at all, held, that, by reason of such default and omission, the plaintiff forfeited his right to recover under the policy.
Same; Same; Waiver of Such Proofs.
Evidence to establish a waiver of such forfeiture examined, and held sufficient to constitute a waiver.
(Opinion Filed May 6, 1890.)
APPEAL from district court, Grand Forks county; Hon. Charles F. Templeton, Judge.
Messrs. Dillon & Preston for appellant, cited upon the proposition stated in paragraph 3 of the foregoing syllabus the following cases: Globe Ins. Co. v. Wolf, 95 U. S. 329; Ins. Co. v. Norton, 96 id. 240; Am. Ins. Co. v. McWharter, 11 Ins. Law Journal, 147; Susquehanna Ins. Co. v. Swank, 12 Ins. Law Journal, 625; Ryan v. Worlds Ins. Co., 41 Conn. 68; N. Y. Life Ins. Co. v. Fletcher, 117 U. S. 519. As to paragraph No. 4 they cited: Am. Ins. Co. v. Neiberger, 74 Mo. 167; Richardson v. Maine Ins. Co., 46 Me. 394; Smith v. Con. Ins. Co., 43 N. W. 810.
In opposition to the rule declared in paragraph 6 they cited: Smith v. State Ins. Co., 21 N. W. 145; May on Ins. 507; Davidson v. Young, 38 Ill. 152; Flower v. Elwood, 66 Ill. 447; Powell v. Rogers, 105 Ill. 318; N. W. Ins. Co. v. Amenman, 10 N. E. 225; Shimp v. Cedar Rapids Ins. Co. 16 N. W. 229.
J. H. Bosard (P. J. McLaughlin, of counsel,) for respondent, cited, in opposition to the rule declared in paragraph 2 of the syllabus, the following: Cont. Ins. Co. v. Rogers, 119 Ill. 474, (S. C. 59 Am. Rep. 810); Alabama, etc. Co. v. Johnson, 2 So. Rep. 125; May on Ins. §§ 181-4; Phenix Ins. Co. vs. Raddin, 120 U. S. 183; Moulor v. Am. Ins. Co., 111 U. S. 335; Southern Ins. Co. v. Booker, 24 Am. Rep. 344; May on Ins. §§ 156, 162-5; Car-
