Page:United States Reports, Volume 209.djvu/354

 OCTOBER TERM, 1907. Statemint of tb .  U.S. contract here!ruder reinsured the said reinsured company h!! promptly advise the said Allemannia Fire Insurance Com- pany, at Pittsburg, Pa., of the same, and 'of the date and probable amount of lce 'or damage, and after said reinsured company shall have adjusted, accepted proofs of, or paid such los or damage, it shall forward to. the said Allemannia Fire Insurance Company, at Pittsburg, Pa., a proof of its les and claim against this company, upon blnlt furnhed for that purpose, by said Firemen's Insurance Company, together with a copy of the original proofs and claim under its contract  insured, and a copy of the origihal receipt taken upon the pay- ment of such loss; and upon request, shall exhibit and permit copie to be made of all other papers connected therewith, which may be in its possession. "11. Each entry under this compact, unless otherwise pro vided in this compact, shall be subject to the same conditions, stipulations, risks and valuation ns may be assumed by the said reinsured COmpany under its original contracts hereunder reimured, and 1ose, if any, shall be payable Fro a. with, in the same manner, and upon the same terms and conditions as pa/d by the said reiusured company under its contracts hereunder reinsured, and in no event shall .this company be liable for an amount in exces of a ratable proportion of the sum actually paid to the assured or relnsured by the said insured company under its original contracts hereunder re- insured, after deducting therefrom any and all Eabitity of other reinsurers of said contracts or any part thereof." The defendant gave no evidence, but.requested the court to instruct the jury as follows: "No. 2. The jury are instructed that proof of mere billty on the part of the plaintiff under the original contracts or policies, involved in tls sut, is not sufficient to entitle it to a verdict against the defendant; and the jury are ther- fore further instructed that they must return a verdict in favor of the defendant, unless they shall find from the evi- dence that e plainthff has actually paid the whole or some

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