Holderness v. Hamilton Fire Ins. Co. of New York

STRUM, District Judge.

Plaintiffs, citizens of North Carolina, sue upon a policy of fire insurance issued by a New York corporation, covering a building situate in Tarboro, North Carolina, which was subsequently damaged by fire. The contract was neither executed nor delivered in Florida, nor was it to be performed there. The action, being transitory, was commenced in a Florida state court, from which it was removed here.

As the suit was instituted more than twelve months after the fire, the defendant insurance company asserts that it is barred by a provision in the policy to the effect that no…