Melson v. Phenix Insurance

Lumpkin, Justice.

These were actions against fire insurance companies. In the first case, the policy contained a stipulation that no suit or action thereon should be sustainable against the company “unless such suit or action shall be commenced within twelve months next after the loss shall occur.” The policy sued on in the second ease stipulated that no suit or action thereon should be sustainable “unless commenced within twelve months next after the fire.” In each case, an action was in fact begun within the time limited by the policy, a *723nonsuit granted, and a new action brought within six…