Phillips v. Hartford Accident & Indemnity Co.

The opinion of the court was delivered by

Wedell, J.:

This was an action against an insurance company *582to recover for the loss of. a bull. No special findings of fact were returned by the jury. Its general verdict was for the defendant and plaintiff appeals.

Appellant first charges the trial court erred in refusing to compel defendant to elect between two defenses which appellant claimed were inconsistent. Appellant argued he could not ascertain from the answer whether appellee was defending on the ground no valid contract of insurance had ever been made or upon the ground a valid policy was…