Perry v. Phœnix Assurance Co.

Colt, D. J.

This is an action upon a policy of fire insurance. The question before us arises under a demurrer filed by the defendant to the first count in the plaintiff’s declaration. The main points raised by the demurrer are whether the count contains sufficient averments — First, as to the particular account of loss; and, second, as to the magistrate’s certificate required to be given by the policy.

The declaration, following out the terms of the policy, alleges, among other things, that the loss was payable—

“Sixty days after notice and proof of the same, upon condition that the plaintiffs,…