Liverpool & London & Globe Ins. v. McCree

The complaint, in two counts, is tp recover damages for the value of cotton which defendant is alleged to have insured against loss or injury by fire, and which is alleged- to have received damage by fire, within the period fixed in the contract of insurance.

The record shows that “demurrers to defendant’s plea in abatement are’’ sustained, though no such demurrer is shown by the record; the demurrers sustained in the record are to the pleas in bar to the suit. (Italics supplied.) Defendant then pleaded in bar and attempted to set up the failure to furnish proof of loss, as contemplated in the…