H. T. Cottam & Co. v. Mechanics & Traders' Insurance

The opinion of the Court was delivered by

Todd, J.

This is an action to recover a loss from (ire under a policy of insurance.

The cause of action is set forth in the petition as follows :

“ That on the 18th day of September, 1883, petitioners entered into an agreement and contract with said insurance company, by which it issued to them what is known as an open marine policy, a copy of which is hereto annexed as part of this petition, which said policy was extended from time to time and was in full force and effect on the 29 th day of January, 1887.

“That on the-day of January, 1887, petitioners…