Irwin

The action was upon a policy of insurance. The complaint averred ownership and an insurable interest in certain property in San Diego county on the twentieth day of July, 1908; that on said date the defendant executed a contract and policy of insurance in writing upon said property, and by the terms of which contract and policy the defendant insured plaintiff against all loss or damage by fire from the twentieth day of July, 1908, -to the twentieth day of July, 1909, to an amount not exceeding $1,200; that on the twenty-second day of September, 1908, the property was destroyed by fire and damaged to the extent of $1,305; that on or about the eighteenth day of November, 1908, the plaintiff duly complied with all the terms, conditions and requirements of said contract and insurance policy to be kept and performed by him, and the amount of said policy, to wit, the sum of $1,200, became due and payable to the plaintiff from the defendant on the said eighteenth day of November, 1908. Neglect and refusal to pay the same is averred. The answer denied the ownership or insurable interest; admitted the issuance of the policy of insurance upon the express agreement and stipulation set forth…