Borger

This is an action brought to recover the sum of one thousand dollars with interest, alleged to be due upon a fire insurance pplicy as the result of the destruction by fire of the premises insured. A copy of the policy was attached to and expressly made a part of the complaint. There was a general demurrer, which was overruled. Thereupon an answer was filed, admitting the issuance of the policy but denying liability thereon upon numerous alleged grounds, and also denying that the loss, if any, was due or payable or unpaid, according to the terms of the policy, at the time of the commencement of the action. Upon the trial of the cause judgment was rendered and entered in favor of the plaintiff for the sum of $801.98 with interest and costs. A motion for a new trial was denied, and from such judgment and order denying a new trial the defendant appeals.

The first point made by the appellant is that the general demurrer should have been sustained. We think the point is well taken. It is a'cardinal rule of pleading that a complaint must show upon its face an existing and ripened cause of action. The complaint in this case, after setting forth the facts regarding the issuance of the…