Howard National Bank v. Fidelity & Casualty Co.

The defendant issued its policy insuring the plaintiff to the amount of $15,000 against loss through the dishonesty of Frank ~W, Elliott, its employee. This action is brought to recover on that policy. The original complaint contained the common counts in assumpsit, only, and no specifica*466tion was filed with the writ. Sometime after the suit was entered in court, the defendant moved for a specification, and later on, the. plaintiff, without the consent of the defendant or prior leave of the court, filed a specification showing that a recovery was claimed on the defendant’s policy No. 604594,…