H. B. Cummings v. New England Insurance Company

TUTTLE, Circuit Judge.

This is an appeal from a judgment entered for the insurance company notwithstanding the jury’s verdict in favor of the assured Cummings. The jury’s verdict was set aside by the trial court because he found, as a matter of law, that the policy was suspended at the time of the fire because of an increase in hazard not agreed to by the company. 1

The appellee insurance company supports the action of the trial court on the ground stated, but also contends that it should have prevailed on other grounds as well. Principal among these is its contention that no insurance had ever…