McFarland & Steele v. Ætna Fire & Marine Insurance

Paull, Judge.

In this case, the action is the same and by the same Plaintiffs as in the case against the Peabody Insurance Company, heretofore decided.

The policy is the same in its provisions, and the same questions arise in regard to the provision of limitation, and of waiver, as were presented and decided in the latter case. The insurance here is upon the same property, and the loss occasioned by the same fire.

There is in the present case however no question arising upon an alleged breach of warranty. In this case alsoj as in the former, an action had been brought by the Plaintiffs within…