Ross v. Phenix Insurance

The opinion of the court was delivered by

Johnston, C. J.:

The Phenix Insurance Company issued two policies, of $500 each, insuring appellees’ stock of merchandise. A fire occurred during the life of the policies which damaged a part of the goods insured. Appellees brought an action against the insurance company, alleging a loss of $1000; that they had complied with the conditions of the policy essential to a recovery of the loss, and that the insurance company had refused to pay the loss. In addition to a general denial and an averment that the action was prematurely brought, the insurance…