Swoope v. United States Fire Insurance

Opinion by

Gawthrop, J.,

This is an action in assumpsit on a policy of fire insurance. Plaintiff recovered a verdict and defendant appeals. The only errors lassigned are the refusal of defendant’s point for binding instructions and its motion for judgment n. o. v.

The evidence warrants the following statement of the material facts: Plaintiff held a judgment note against G. B. Kephart in the sum of $4500. It was entered in the Court of Common Pleas of Clearfield County. When Kephart gave the note, September 5, 1922, he signed, sealed, acknowledged and delivered to plaintiff a writing by which, in…