Illinois National Bank v. United States Fidelity & Guaranty Co.

This is an action of assumpsit brought by the appellee against appellant to recover on two policies of burglary insurance, one in the amount of $12,500 and one in the amount of $1,000, issued by the appellant to William V. Sutton on a stock of jewelry, watches and diamonds, the major part of which, it was claimed, had been taken and carried away by burglars on the night of October 23, 1926.

Appellant filed a plea of the general issue, an affidavit of merits and a notice of special' defenses under the general issue. The notice of special defenses set out that Sutton did not file a proof of loss…