American Equitable Assurance Co. of New York v. Southern Industrial Savings Bank

Appellant, defendant in the trial court, seeks review of an adverse final judgment in a cause tried non-jury as to liability on an insurance contract. The appellant presents two points on appeal: First, that the evidence failed to support the trial court’s finding for the plaintiff. Second, that the trial court erred in striking its motion for a new trial. We affirm.

As to the first point, although the evidence was in conflict, it was within the province of the trier of the fact to resolve these conflicts and, viewing the record in a light most favorable to the appellee as we are required to…