David v. Oakland Home Insurance

The opinion of the court was delivered by

Hoyt, C. J.

This action was brought to recover for loss of property covered by an insurance policy issued by the defendant. There was a clause in the policy which provided that no action could be maintained thereon unless commenced within six months from the date of the fire. On account of this provision, and of the fact that suit was not commenced until more than six months from the date of the fire, it is claimed by the appellant that the action cannot be maintained; and upon that claim alone it seeks to have the judgment rendered in the court below…