Loomis v. Girard Fire & Marine Insurance

The action is upon a fire insurance policy for a loss which occurred on October 4, 1932. A summons in a prior action between the same parties was served on September 30, 1933, and the defendant duly appeared therein. On June 19, 1936, this action was dismissed because of the failure of the plaintiffs to serve their complaint. The present action was instituted on June 11, 1937, by the service of a summons and complaint. After issue was joined the defendant moved for summary judgment dismissing the complaint upon the ground that it is barred by the one-year Statute of Limitations contained in…