West & Knox Township Farmers' Aid Society v. Burkhart

The allegations of the amended petition, as stated uncontradicted, presumably entitled the plaintiff to a recovery. It indicated that an assessment had been made by the insurance company to pay accrued losses, including the loss in question, and that the insured had paid their assessment for that loss. The burden then rested upon the insurance company to make an affirmative defense as against the allegations of the amended petition, and it attempted to do so by a second amended answer, the^ facts herein stated, so far as the allegations of the petition are concerned, being uncontradicted.

It…