Schrœder v. Merchants & Mechanics' Insurance

Appellant sued appellee in assumpsit, to recover for loss by fire on a policy of insurance. The policy contained a clause that no suit or action against the company to recover for loss thereunder shall be sustained, “unless such suit or action shall be commenced within twelve months next after the loss shall occur; ” and if it should be commenced after that time, “the lapse of time shall be taken as conclusive evidence against the validity of the claim, any statute of limitations to the contrary notwithstanding. ” Before the expiration of twelve months after loss plaintiff sued out a summons…