United States Fire Ins. Co. v. Swyden

On May 10, 1931, plaintiff’s merchandise was damaged by fire. Prior to that time the defendant had insured the goods under a fire policy containing our' statutory provision that any 'action to recover thereon must be instituted within twelve months after date of the fire, which period expired on May 10, 1932. First Nat. Bank v. Drew. 69 Okla. 59, 169 P. 1092.

January 5, 1932, plaintiff filed an action on the policy in the district court of Muskogee county, No. 23833. It was removed by the defendant to the federal court, where it was dismissed by the plaintiff without prejudice. That was the…