First National Bank v. Dakota Fire & Marine Insurance

Citations

• 6 S.D. 424
• 61 N.W. 439
• 1894 S.D. LEXIS 164

Syllabus

<p>In an action on an insurance policy, by the terms of which a loss is not payable until 60 days after notice and proofs of loss are made by the assured and received by the company, a complaint that states that such notice . and proofs were made immediately after the fire, but neither states nor shows upon its face that 60 days thereafter had elapsed before the commencement of the suit, fails to state a cause of action.</p> <p>(Syllabus by the court.</p>