Spingarn v. National Surety Co.

The defendant appeals from an interlocutory judgment sustaining a demurrer to the first and second defenses of the defendant’s amended answer. The action is brought to recover the sum of $1,000 upon a policy of burglary insurance.

The answer denies the material allegations of the complaint, and sets up two separate defenses, first, that the plaintiff’s assignor failed to keep books of account according to *249the terms and conditions of the policy, and second, that plaintiff’s. assignor avoided the policy by attempting to cheat and defraud the company in exaggerating his claim. The trial justice…