Howe v. Mill Owners Mutual Fire Insurance Co. of Iowa

The motions of the defendant herein are addressed against the complaint and ask in the alternative either for a judgment dismissing the complaint on the ground that it appears on the face thereof that the complaint does not state facts sufficient to constitute a cause of action, or that the plaintiff be directed to bring in as a party to this action one Philip Miller, on the ground *804that the said Philip Miller was the insured named in a policy of insurance mentioned and described in the complaint, and so is a necessary party to the action.

The complaint substantially alleges as follows: That…