Barton v. West Jersey Title & Guaranty Co.

The opinion of the court was delivered by

Magie, Chief Justice.

This is an action on contract in the nature of an action on covenant upon a sealed policy of insurance of the title to certain lands of the plaintiff. The ■declaration sets up the contract contained in the policy, but as the pleader has annexed to the declaration a copy of the policy and referred to it so that it has become part of the ¡record, it will be convenient to consider the contract itself rather than the statements of the declaration in respect to it.

Defendant has interposed a demurrer to the- declaration, rand upon demand…