German Insurance v. I. M. Pearlstone & Son

KEY, Associate Justice.

This is a suit upon two policies of fire insurance. The plaintiffs recovered in the court below, and the defendant has appealed.

1. The first question for decision arises upon the action of the court in overruling a general demurrer to the plaintiffs petition, the contention being that it does not appear therefrom that plaintiffs were the owners of the property insured, at the time of its destruction by fire. The only averments in the petition that bear on this subject are these:

“That on the 3d day of September, 1895, defendant, in consideration of the sum of $87.50 to…