McClendon v. Fire Association of Philadelphia

' MARTIN, Justice

(dissenting).

It is elementary that if the trial court correctly ruled that appellant was not entitled to production of the policy of insurance on which the suit was based, that, likewise, secondary evidence was not admissible as to the policy and appellant failed to make out a case as ruled by the trial court in taking the case from the jury. But, this dissent is based on the proposition that the trial court erred in ruling that the appellant was not entitled to production of the policy at issue upon notice to produce being given in open court. This is the sole issue…