Murphy & Co. v. Manufacturers' Casualty Co.

Opinion by

Keller, J.,

This was an action of assumpsit on a policy of automobile casualty insurance. The learned court below directed a verdict for the plaintiff. The assignments of error complain of the refusal of the court to direct a verdict for the defendant or enter judgment in its favor non obstante veredicto.

The appellant contends that it was entitled to binding instructions on two grounds: (1) Because, contrary to the statement in the plaintiff’s application for insurance, the automobile causing the injury was used for “commercial delivery”; and (2) because the plaintiff settled the…