Buffalo Foundry & Machine Co. v. S. M. Frank & Co.

Motion under rule 103 of the Rules of Civil Practice to strike out from defendants’ answer the first separate and distinct defense as sham and false in fact, and upon the further ground that the same would tend to hinder, delay and embarrass the plaintiff in the fair trial of said action.

The action is brought to recover damages to and loss of use of plaintiff’s automobile sustained in collision with defendants’ automo-: *1000bile. Defendants set up in their answer as an affirmative defense that plaintiff was insured against such collision damage by a policy of the Pawtucket Mutual Fire Insurance…