Germania Fire Insurance v. Lieberman

This was an action of assumpsit, on a policy of insurance, and the first question presented is, as to a variance between the policy described in the declaration and the one given in evidence, against the objection of the defendant.

The first and second counts of the declaration, described the policy as made on the 30th day of August, 1869. In these counts, the terms and conditions of the policy are set forth in full.

The third count avers the policy was dated on the 3d day of August, 1869, but it fails to set out the conditions.

The policy produced in evidence bears date, August 3d, 1869.

On the…