Bernero v. South British & National Insurance

The Court.

The grounds on which it is insisted that the demurrer to the complaint should have been sustained are, (1) that it does not state facts sufficient to constitute a cause of action, and (2) that there is a misjoinder of parties defendant.

In support of the first ground it is urged there is no allegation that notice of the loss was given to the defendants. The allegation is, that soon after the fire occurred the plaintiff served on the agent of the defendants an instrument in writing, of which a copy is annexed to the complaint and marked Exhibit A. By reference to that exhibit it will…