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1. For my part I would have been sorry to see this appeal decided on a pure point of pleading, but I think Regina Fur Company v. Bossom 1958 2 Ll. R. 428 indicates the rule to be applied in a case where an insurer disputes a claim upon a policy. The general rule is that in the absence of a plea of fraud a defendant is entitled to challenge the evidence adduced on behalf of the plaintiff provided that the challenge does not have the effect of setting up an affirmative case of fraud. What I think