Boon v. State Insurance

This action was brought to recover on a policy of fire insurance. A copy of the policy was annexed to the complaint as a part of it. It thus appears that one of the express conditions of *427the contract was that no action should be brought for loss under the policy, “unless commenced within six months of the date of loss.” The loss is alleged in the complaint to have occurred June 15, 1885, and such, too, was the evidence. This action was commenced December 31, 1885, more than six months after the loss. ' Nothing was alleged in the complaint to avoid the effect of the contract, as to the time of…