#### Stacey Van Valkenburg, Appellee, v. Western Live Stock Insurance Company, Appellant.

(Not to The reported in full.)

Appeal from the Circuit Court of Vermilion county; the Hon. John H. Marshall, Judge, presiding. Heard in this court at the October term, 1916.

Reversed with finding of fact

Opinion filed April 16, 1917.

Statement of the Case.

Action by Stacey Van Valkenburg, plaintiff, against the Western Live Stock Insurance Company, a corpo*31ration, to recover on a live-stock insurance policy. From a judgment for plaintiff, defendant appeals.

Abstract of the Decision.

Insurance, § 666 * —when evidence sufficient to show failure to give required notice of sickness of animal. Evidence held sufficient to show that plaintiff did not give defendant notice of the sickness of the insured animal within the time required of him by his contract, in an action to recover under a live-stock insurance policy for the death of the insured animal.

This policy was upon the same animal insured in the case of Van Valkenburg v. Granite Live Stock Ins. Co., ante, p. 28, the opinion in which was filed the same day.

Thomas J. Graydon and Lindley, Penwell & Lindley, for appellant.

Acton & Acton, for appellee.

*

See Illinois Notes Digest, Vola. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Graves

delivered the opinion of the court.