American Insurance v. Leonard

Bicknell, C. C.

— The appellee brought this suit against the appellant upon a policy of insurance against loss by fire. He' had a verdict and judgment for $1,236.12. The errors assigned are:

1st. The court below erred in overruling the demurrer to the complaint.

2d. The court below erred in overruling the demurrer to the second paragraph of the reply.

The policy of insurance is made a part of the complaint. It is urged, in support of the demurrer to the complaint, that there is no sufficient averment of performance of the conditions precedent named in the policy. In The Home Insurance Company v.…