The Superior Court of New York City January 2, 1877 (Solomon v. Metropolitan Insurance)

By the Court.—Curtis, Ch. J.

This action is to recover for a pro rata of loss upon a policy of insurance. The defenses were, that plaintiff omitted to serve proofs of loss, and that he did not begin suit within twelve months next after the loss, as required by the conditions of the policy.

The fire occurred January 26,1873.