South Dakota Supreme Court February 1, 1899 (Schouweiler v. Merchants' Mutual Insurance)

Corson, P. J.

This was an action on a policy of insurance. The plaintiffs recovered judgment, and the defendant appeals. The defendant in its answer sets up as a defense to the action, that, by a provision in one clause of the policy, no action can be maintained thereon by the plaintiffs until the expiration of *40360 days after the loss or damage had been determined by arbitrators appointed as