Sussex Fire Ins. Co. v. Barton

The action is on a policy of fire insurance. A storehouse, stock of merchandise, and store furniture and fixtures were insured in the gross sum of $3,500. The insurance on the house was $1,000, on the stock of merchandise $2,000, and on the furniture and fixtures $500.

Count 1 of the complaint was in code form, claiming the gross sum for a total loss of the insured property by fire.

Defendant- presented certain special pleas setting up breaches of the iron-safe clause as a full answer to the complaint. Admittedly the iron-safe clause is limited to-the stock of merchandise, but the theory of…