Edson v. Merchants' Mutual Insurance

The opinion of the Court was delivered by

Fenner, J.

This is a suit upon two policies of insurance, which. *354contain the following express condition : “ All claims under this policy are barred unless judicially prosecuted within one year from the date of loss.”

• Tlie loss here claimed occurred on the 23d and 24th of December, 1879. Suit was nob brought until December 1st, 1881. The petition contains no explanation of or excuse for the delay.

The Company, by way of peremptory'exception, pleaded the above condition in bar of the action.

The only evidence consists of certain admissions to the effect…