Gates v. Nationwide Mutual Insurance

McKay, J.,

In this action of assump-sit on an insurance policy, defendant has moved for a *472new trial and for judgment n. o. v. following a verdict in favor of plaintiff. In the present motions it is the position of defendant that we erroneously submitted two issues to the jury and that without the findings of the jury thereon there was not enough evidence to support the verdict. The relevant facts will be stated under each of the issues questioned.

I. The Oral Notice of Assignment of Interest

On March 18, 1958, Jack J. Gates and Mickey McVeigh were partners engaged in a food business at 1839 Elm…