Murray Oil Products Co. v. Hanover Fire Insurance

The fourth and sixth affirmative defenses should not have been stricken out. In answer to the claim of plaintiff that the amount sued for was paid under protest, the defendant has attempted to show by these defenses that the money advanced by plaintiff for the increased premiums was paid voluntarily and without objection or protest and that there was no mistake of the parties which would justify the recovery by plaintiff of the money so paid. While defendant under its general denial could have presented, in all probability, proofs to sustain its position in this regard, nevertheless, the…