58 N.H. 469 | N.H. | 1878
The clause in the policy, stipulating that no action shall be sustainable thereon unless commenced within twelve months next after the loss occurs, is in form and effect a condition precedent, and unless it is complied with, there can be no recovery at common law. Patrick v. Ins. Co.,
It is said that the action may be maintained under the provisions of Gen. St., c. 157, ss. 6, 7. This statute was in force at the time the policy was issued, and it ordinarily should be construed by the statute, at least so far as the parties intended that it should govern the contract. Chamberlain v. Ins Co.,
New trial granted.
CLARK, J., did not sit.