Travelers Insurance v. Mulligan

Finch, J. (dissenting).

Plaintiff appeals from an order directing acceptance of service of an unverified answer. The order should *229be reversed and the motion to compel acceptance denied as the complaint does not impute a criminal charge.

The action is to recover premiums on workmen’s compensation and employers’ liability insurance policies, based upon the amount of the payrolls of the defendant. The complaint alleges that defendant agreed to permit plaintiff to examine and audit the books of defendant and to exhibit to plaintiff the amount of the payrolls but that defendant refused so to do, and…