Sun Insurance Office of London v. Merz

The opinion of the court was delivered by

Magie, Chief Justice.

The questions argued in this case arise on a demurrer to the first and second counts of the plaintiff’s declaration. Each of these counts is founded upon a contract which is referred to therein and annexed to the declaration. It will be convenient to consider the contract which, being so referred to and annexed, cures any defects by reason of not setting forth or insufficiently setting forth the same in the body of the declaration.

*367The contract purports to be executed on October 13th, 1897, by the defendant and twenty-four other…