FRAZER & HAWS, LTD. v. BURNS.

(1934) 49 Ll L Rep 216

COURT OF APPEAL.

Before Lord Hanworth (Master of the Rolls) and Lord Justice Romer.

Insurance (burglary)-Practice-Jeweller's policy taken out by plaintiffs - Claim arising from burglary-Defence alleging breach of warranty in respect of certain answers in proposal form; misrepresentation; fraudulent exaggeration of claim-Payment into Court- Not taken out by plaintiffs within seven days-Case set down for trial-Subsequent conviction of burglar-Certain insured articles recovered-Evidence of over-insurance - Application by plaintiffs for payment out (11 months after payment in) opposed by defendants -Summons by defendants to amend defence-Leave to amend defence refused by Master and money ordered to be paid out-Appeal by defendants to Roche, J., dismissed-Leave to appeal given.