Tremaine v. Phoenix Assurance Co.

The plaintiff sued to recover on several insurance policies. The defendants denied certain allegations contained in the complaint and each company pleaded two affirmative defenses, concealment and that the barge insured was not seaworthy. As to the first affirma tivc defense the trial court found the facts as alleged by the defendants. As to the. other affirmative defense it found the probative facts but did not find on the ultimate fact. Continuing it made conclusions of law in favor of the plaintiff. At this time the defendants contend that the judgment should be reversed and that the trial…