Nerger v. Equitable Fire Ass'n

The complaint in this action to recover for the total loss of a stock of general merchandise kept for retail trade and covered by a fire insurance policy was first challenged, after answering to- the merits and at the trial, by objecting to: the introduction of any evidence on the part of plaintiffs for the reason that facts sufficient to constitute a cause of action were not stated therein. The exact contention is that it was nowhere alleged that before the commencement of the action 6o days had elapsed after due notice and proof of loss has been made by the insured and received by the…