Supreme Court of Colorado April 15, 1890 (California Ins. v. Gracey)

Chief Justice Helm

delivered the opinion of the court.

It is stated by counsel for appellant that the question for adjudication in this court is, Was the suit prematurely *72brought? The contract of insurance provides that the sum due, in case of loss, shall be “paid sixty days after due notice and proof of the same, made by the assured, is received at the office of this company.