Rogers Lumber Co. v. Smith

Special ground one of the amended motion for a new trial is as follows: “Because the court in the trial of this case permitted the plaintiff to testify orally as to the general contract which he had with the various insurance companies to write insurance. The plaintiff was asked the following: ‘Let’s go back to the insurance policies. Did you have any agreement with the insurance companies -to write this insurance? You didn’t just send in the policy and tell them you had written policies on them, did you? You had some agreement.’ To this question plaintiff answered: ‘Not necessarily except a…