Cramer & King Co. v. National Surety Co.

The opinion of the court was delivered by

Trenchard, J.

This appeal is from a judgment of non-suit entered at the Passaic Circuit.

The action was brought upon a policy of burglary insurance issued by the defendant, the National Surety Company of New York, a corporation, to the plaintiff.

We are of the opinion that the nonsuit was right upon the first of the several grounds stated by the trial judge.

In the policy it is provided that the “special and general agreements, terms and conditions,” therein contained were “to be construed as co-ordinate conditions and precedent to any recovery under this…