Johnston v. Farmers' Fire Insurance

Upon the trial of this cause the defendant’s counsel objected to the introduction of evidence under the declaration, upon the ground that it failed to allege the performance of conditions precedent contained in the policy of insurance upon which the action was brought. The court held the declaration to be deficient, but permitted an amendment, and admitted the testimony offered. The policy contained a clause requiring action to be commenced within 12 months after the fire, and, this amendment being permitted after the expiration of that period, it was objected to as stating a cause of action…