27.  Pleading  —  Nunquam  Indebitatus  —

Defendants  in  an  action  on  a  jjolicy  of  insurance
pleaded  with  fifteen  other  pleas  nunqiiam  iiulehi-
tatw,  and  two  pleas  alleging  that  the  action  had
not  been  brought  within  six  months  as  recjuired
by  a  condition  of  the  policy  ;  but  there  was  no
plea  denying  the  making  of  the  policy.  Plain-
tifif  rslying  on  the  want  of  a  plea  traversing  the
making  of  the  policy,  did  not  put  it  in  proof  and
defendants  failed  to  produce  it  to  prove  the
condition.
//dd,  that  the  plaintiflf  could  not  be  put  to  the
proof  of  the  policy  by  the  plea  7iwiquam  ind'.bi-
talus  but  that  under  such  plea,  though  perhaps
demurrable,  the  defendants  might  have  given
evidence  of  the  alleged  condition,  had  they  been
in  a  position  to  do  so.
Quaere,  whether  the  plea  of  nunquam  indebi-
tatus is  not  bad.
Barrett  v.  The  Isolated  Risk  Insurance  Co.,

1  R.  &  G.,  215.
