Heller v. American Alliance Insurance

This was an action of assumpsit upon a fire insurance policy on a stock of merchandise. The parties joined issue on the plea of non-assumpsit and the defendant filed three special pleas. Pleas numbers 1 and 2 set up the defense that the plaintiff burned the property and for this offense had been convicted and sentenced to the penitentiary. Plea No. 3 set up the defense that *264the plaintiff’s claim was barred by the conventional limitation set forth in the policy, that suit should be brought “within twelve months next after the fire.” On motion of the plaintiff the trial court struck out…