Court of Appeals for the Eighth Circuit March 16, 1928, No. 7902 (United States Fire Ins. Co. of New York v. Sullivan)

STONE, Circuit Judge.

This is an action upon a policy of fire insurance for loss of a dwelling located in Nebraska. The trial court sustained a motion for judgment on the pleadings. The insurance company sues this 'writ of error.

. The petition set forth a cause of action on.the policy. ' The amended answer admitted the policy, loss and demand. . It continued as follows:

“4.