Home Insurance v. Duke

This was a suit by Duke, the appellee, against the Home Insurance Company of New York, the appellant here, on a policy of insurance.

Issues were made and the cause tried by jury. The trial resulted in a verdict and judgment for the appellee.

The appellant demurred to the complaint, because it did not state facts sufficient to constitute a cause of action; the demurrer was overruled, and the ruling excepted to by appellant. This ruling is assigned for error here.

The policy of insurance is made a part of the complaint and is copied into the record.

*419The ninth clause of the policy provides, that…