Commercial Union Assurance Co. v. State ex rel. Smith

There are three paragraphs of the complaint, but there is no substantial difference between them. They are all based upon a contract of insurance. A single objection is made to the third paragraph, and that is, that it does not aver that the plaintiff furnished the defendant with preliminary proofs of loss. The complaint does aver, however, that the relators performed all the conditions of the contract on their part, and this is sufficient. If a plaintiff' elects, he may specifically plead a performance of the conditions, and if he does elect to do this, he is bound to specifically aver full…