Aronoff v. United States Fire Insurance Co. of New York

The court did not err in sustaining the general demurrer. Upon a proper construction of the petition, it appears that the policy of insurance was in the possession and control of the plaintiffs, and was not’made accessible to the insurance company pr its agent fpr the purpose of indorsing thereon or attaching there*103to the alleged waiver of the provision against a change of title or possession by legal process. The plaintiffs are relying upon an alleged waiver of this condition; and under the language of the contract such waiver, in order to become effective, had to be indorsed thereon or…