Page:North Dakota Reports (vol. 48).pdf/354

 ALLIANCE HAIL ASSOCIATION, a corporation, Appellant, v. JOSEPH B. PLATZER, Respondent.

Insurance—evidence held to sustain findings for plaintiff for part of relief.

In an action involving loss sustained under a hail insurance policy, the evidence is examined, and it is held that the findings of the trial court have substantial support in the evidence.

From a judgment of the County Court of Renville County, Crewe, J., plaintiff appeals.

Affirmed.

C. S. Buck, for appellant.

B. H. Bradford and J. E. Bryans, for respondent.

, J. Plaintiff brought this action to recover on a note executed and delivered by the defendant to the plaintiff in May, 1910, in the sum of $151.68. The defendant in his answer admitted the execution and delivery of the note, and, by avay of counterclaim, alleged that the plaintiff is an insurance corporation organized under the laws of this state, engaged in the business of writing hail insurance; that the note in suit was executed and delivered by the defendant to the plaintiff as a premium for an insurance policy issued by the plaintiff to the defendant wherein it insured the defendant against loss or damage by hail, during the year 1910, in the sum of $2,500 upon Ioo0 acres of barley, 100 acres of oats, and 400 acres of wheat sown, planted, and raised on certain lands in sections 29, 31, 32, and 33, township 160 north, of range 85 west, in Renville county in this state; that the defendant was the owner of all crops so insured and that by said insurance policy the plaintiff promised and agreed to pay the defendant all damages occasioned to such crops by hail during the year I910, not exceeding the sum of $8 per acre; that on or about the 1st day of August, 1910, and while said policy of insurance was still in