"1 further find from the evidence that the firm of Nielsen & Malcolm, insurance adjusters. of Hankow, hina, as the representatives of th defendant, did during the early part of the yer 1927, and after a full and complete investigation and. negotiations with the representative plaintiff, ascertain and deter-the amount of damage occasloned by said fire, and that the the total loss caused by said fire and covered by defendant's policy of insurance, as so ascertained and determined by said adjusters as the representative of this defendant, amounted to the sum of Mex, $132,- ind that the proportion of 8 due from this defendant to this plaintiff under said policy of insurance amounted to Mex. $66,238.15; that in the month of. May, 1927, after this plaintiff had been informed by said firm of Nielsen & Malcolm as to the character and extent of the damages to this plaintiff, which has been certained and determined by thei aforesaid, this plaintiff expressly agreed to the losses and damages ay go determined, and expressed its willingness to accept from said defendant Mex. $60,238.15, in settle of defendant's liability under anid policy; that thereafter, to wit, on the th of October, 1927, this defendant notified plainti@ in' writ ing that it disclaimed any and all Viability to plaintiff under this Policy of insurance.
The Defendant's Administration The defendant in its answer a nuts substantially all of the material allegations of the complaint with! the exception of the amount which. is claimed by way of damages, and upon the trial the defendant offered no evidence in opposition to the evidence offered by the plaintiff as to the character and extent of the damages resulting from the fire. It appears from the evidence that in the early part of 1927, nearly 1 year after the fre occurred, that} the parties to this action, through their respective representatives. at] Hankow,—Dr. Chang representing' the Nationalist Government, and Messrs. Nielsen d& Malcolm, insuxance adjusters, representing the defendant,—eonducted rather exten ed negotiations with a view to determining the extent of the damages which had been suffered by the plaintiff as a result of the fire, and that in the latter part of April, 1927, Nielsen & Malcolm submitted, to the represent ive of this plaintiff a statenient showing specifically, what they considered to be the damages sustained to the various Properties covered by this insurance Policy. It appears that the plainti thereupon signified its willingness to accept the amount as determined by Nielsen & Malcolm in settlenient of its losses under the the sum of Mex. $96,238,15, but the defendant, without taking any exception to the amount of the loss which had bee determined by its adjusters, thereupon, disclaimed any Jand all liability to the defendant funder the policy. It seems to me: [that the evidence which was produced upon the trial by the plaintiff was sufficient to make out a prima'
Text read from the printed page and cleaned; old type leaves the occasional error.