This section contains the nature of the case and procedural background.

On June 1912, Globe (D) issued a loss policy insuring Gilbert (P) against fire to $1,200 for a beach cottage. The cottage was destroyed on October 2, 1912. D was promptly notified of the loss and on October 16, an agent for D visited the site and fixed the amount of loss at $1,531. Astoria Lumber brought an action against P for a writ of garnishment to compel D to pay Astoria the sum due P for the fire loss. No further steps were taken by P or D to settle the loss. P did write some letters to D and alleged that D had repeatedly promised to make payment as soon as garnishment proceedings were disposed of and that D did not refuse to pay until more than a year had elapsed after the date of the fire. P sued D in June 1916. The policy said that no suit or action on the policy of any kind shall be sustainable in any court of law or equity until after full compliance with the policy provisions had been met by the insured unless commenced within 12 months. Judgment for P was entered by the jury and D appealed.

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