Merino v. Globe & Rutgers Fire Insurance

This was an action on a marine insurance policy. One of the clauses of that policy provided the insurance should be void if the policy should be transferred to another without the consent of the company. The policy was transferred without such consent and the court below rendered judgment in favor of. the defendant company.

Some five and one-half months .after the judgment another attorney filed a motion praying the court to set aside *407the judgment and grant a new trial by virtue of the provisions of section 140 of the Code of Civil Procedure.

In the said motion the complainant set forth that…