Phœnix Insurance v. Boren, Davidson & Stewart

STAYTON, Chief Justice.

This action was brought by appellees to recover upon a fire policy issued to W. E. Jones on a house and stock of goods, which was assigned by Jones to them. The policy contained clauses which made it inapplicable to a loss resulting from fire, if this occurred from invasions, insurrections, civil commotion, foreign enemies, riots, military or usurped power, or by order of the civil authorities; and while the petition alleged that the property was destroyed by fire, it did. not allege that the fire was not occasioned by one of the causes above enumerated. The policy,…