West Virginia Supreme Court November 25, 1896 (Flanaghan v. Phenix Ins.)

Dent, Judge:

Zimri Flanaghan instituted suit in the Circuit Court of Ritchie county on a fire insurance policy against the Phe-nix Insurance Company.

The company filed its plea in bar, claiming that plaintiff had not complied with the conditions of the policy, especially clause 9 thereof, which is in the following words, to wit (in so far as involved in this suit): “(9) Persons sustaining loss or