Quon

Quon, on behalf of two associates and himself, brought action, March 1, 1948, upon seven separate policies of insurance issued by different insurance companies for property destroyed by fire May 27, 1946. Two affirmative defenses were interposed: first, that Quon burned the property and, second, that suit was not commenced within fifteen months after the loss, as required by the policy.

The action was tried by the Court without a jury. There was no evidence tendered upon the defense of incendiary origin, and the Trial Court found against defendants upon this issue. The defense that action was not commenced within fifteen months, which was pleaded in the answer, had been anticipated in the complaint by allegations that Quon was a Chinese who did not understand business or insurance transactions and that he had been led by reliance upon statements of officers of the companies to permit the time limited by the policy for commencing action to elapse. A great deal of evidence was produced in the attempt to prove the estoppel of the appellees to rely upon the limitation. The Trial -Court found that the estoppel was not established, and gave judgment for defendants.

The findings of…