Hendricks v. Continental Insurance

Opinion by

Rhodes, J.,

This case was tried before a judge of the court below without a jury. The defendant has appealed from the judgment entered on the finding in favor of the plaintiff.

The only question raised at the trial was whether the fire insurance policy sued on was in force at the time of the loss or whether it had been canceled.

The defendant took no exception in the court below to any of the findings of fact by that court. Defendant filed motions for binding instructions and for judgment n. o. v., which were dismissed. The question on this appeal is whether, on the facts, the court…