Queen Insurance Co. of America v. Excelsior Milling Co.

The opinion of the court was delivered by

Cunningham, J. :

This was an action by defendant in error upon a policy of insurance issued by plaintiff in error. The plaintiff below had judgment. The only error here counted upon was the sustaining of a demurrer to one of the defenses contained in the answer of the insurance company. If this demurrer was properly sustained—that is, if the defense demurred to did not state any defensive matter—the judgment of the lower court must be affirmed.

*115' The contract of insurance counted upon was contained more particularly in a written and printed slip attached…