Spry v. Farmers' Union Mutual Fire Insurance

Opinion by

Linn, J.,

Appellant sues to recover $1500 on a policy of fire insurance, and complains here that leave to amend its statement of claim was refused, and that relevant evidence was excluded. Before the case was called for trial, plaintiff asked leave to amend, setting forth in the petition a copy of the statement of claim proposed to be filed; a rule to show cause was granted, and, after hearing, was discharged on the ground that it averred a new cause of action after one year, the period in which the policy required suit to be brought. At the trial, leave to amend to the same effect…