MacDonald v. Milwaukee Mechanics' Ins.

KERNER, Circuit Judge.

Defendant appeals from a judgment which found it liable upon an oral contract of fire insurance between plaintiffs and defendant. This is the second trial in this cause; a first jury’s verdict for the plaintiffs was set aside upon the motion of defendant ■ and a new trial was allowed. The case was retried before a jury, from which verdict the judgment was entered. Reversal is sought on the grounds that it was error for the District Court not to have granted defendant’s motion for a directed verdict ■ before judgment, and not to have submitted to the jury the factual…