Page:Federal Reporter, 1st Series, Volume 1.djvu/202

 194 FEDERAL HEPORTEK. �tiff avers loss, notice, proof of loss, etc. That is ail he ia required to do. The answer says : "And the said defendants, for further answer to the matters and things in the said plain- tiff's petition stated and set forth, say that they admit that they are a body corporate under the laws of the United Kingdom of Great Britain and Ireland; they admit that they are prosecut- ing the business of fire insurance in the said state of Missouri ; they admit that they made and delivered to the firm of Mack & Co. the several policies of insurance aled as exhibits 'A' and 'B' in said case, to insure the said firm" for the period of one year from 1878, terminating in 1879 ; "they admit that some goods of the description in the said several policies mentioned were damaged and consumed by fire on the fourth day of April, in the year A. D. 1879 ; they admit that the plaintiffs gave defendants due and proper notice of said fire; they admit that on the twelfth day of May, in the year last afore- said, plaintiiïs delivered to defendants certain papers called preliminary proofs of their alleged loss and damage, in the proofs stated and set forth, as they have in said petition stated and set forth; that they had in* said building, at the time said fire occurred, goods of the description in said policy mentioned, the property of the plaintiffs, of the value of $78,219.32; but defendants deny that the goods so damaged and consumed by said fire were of the value stated by the plaintiffs ; and, on the contrary thereof, the defendants say that the whole value of said goods so consumed and dam- aged by said fire did not exceed the sum of $48,000, of which the defendants then and there gave notice to plaintiffs," — that is a defence pro tanto, — "and defendants offered to fis said loss and damage with the plaintiffs at the sum of $48,- 000, but the plaintiffs refused to fix said loss and damage at said last mentioned sum, and persisted in claiming that at the time said fire occurred said goods were of the value of $78,219.32; and the defendants say that as to ail other mat- ters and things in said petition stated and set forth the de- fendants deny the same, and each and every allegation thereof, in manner and form, as the same are in said petition stated and set fort'u" I presume that last clause waa eut of abun- ��� �