Hartford Accident & Indemnity Co. v. Kenny

SHERICK, PJ.

The result of the controversy was a judgment in favor of the receiver, from which judgment the indemnity company prosecutes error to this court, the chief grounds of error being: First, that the court below improperly overruled the motions of the indemnity company for a directed verdict; second, that it permitted evidence of waiver of conditions precedent to go to the jury when performance was pleaded and waiver was not pleaded; and, third, that the court erred in its general charge when instructing the jury concerning waiver. Decision of these claimed errors is dispositive of the…