L.D. Jennings Co., Inc. v. North River Ins. Co.

The opinion of the Court was delivered by

Mr. Justice Stabler.

The plaintiffs in this action demurred to the answer of the defendant upon the ground that it did not state facts sufficient to constitute a defense, setting out with particularity wherein it failed to do so. The matter was heard by his Honor, Judge Stoll, who sustained the demurrer and dismissed the answer. From his order this appeal is taken.

The undisputed facts, as gathered from the pleadings, are as follows: On January 21, 1932, the North River Insurance Company insured the L. D. Jennings Company, Inc., whom we shall refer to as…