United States Fire Ins. Co. of New York v. Sullivan

STONE, Circuit Judge.

This is an action upon a policy of fire insurance for loss of a dwelling located in Nebraska. The trial court sustained a motion for judgment on the pleadings. The insurance company sues this 'writ of error.. The petition set forth a cause of action on.the policy. ' The amended answer admitted the policy, loss and demand. . It continued as follows:

“4. Further answering, and by way of affirmative defense, this ■ defendant alleges the fact to be that on or about the 26th day of May, 1924, the plaintiff herein, Joseph B. Sullivan, was then' and for a long time prior thereto…