Buchholz v. United States Fire Insurance

Defendant moves for dismissal of the complaint. The branch to dismiss under the Buies of Civil Practice (rule 106, subd. 5), on the ground that the complaint on its face fails to state facts sufficient to constitute a cause of action, is without merit. The allegations, in effect, show plaintiff is suing under a fire insurance policy of $15,000 for property destroyed by fire which had been sold for at least that amount but not delivered prior to its destruction, under the terms of the policy, which provided: “ It is understood and agreed that the basis of settlement in- stock sold but not…