Barish-Sanders Motor Co. v. Fireman's Fund Insurance

This is an appeal from the judgment of the district court for Douglas county sustaining a demurrer to plaintiff’s amended petition, on the ground that the same did not state facts ■ sufficient to constitute- a cause of action. The action is- one at law upon a ‘-‘Transportation Floater” policy.' It is not a suit- in equity to- reform the policy, and to recover upon the instrument so- reformed. Plaintiff’s petition properly pleads the terms of the policy in suit, and attached to its pleading, with due reference, is a photographic copy of the policy. As the basis for its -claim *189for indemnity,…