Majority
p. 963Ampersand Hotel Company, Respondent, v. Orient Insurance Company, Appellant, Impleaded with The Mutual Life Insurance Company of New York.
We are of opinion that the matters alleged in that part of the answer stricken out may properly be shown in proof of the defense asserted in the answer. The order striking out that part "of the answer is, therefore, reversed. All concurred, except Houghton, J., dissenting. Order reversed, with ten dollars costs and disbursements.