Henderson v. Capital Life & Health Ins.

The order of Judge Oxner directed to be reported follows :

This is an action for alleged fraudulent breach of contract alleged to have been accompanied by fraudulent acts. The jury returned a verdict in favor of the plaintiff for both actual and punitive damages. A motion for new trial was marked “heard” and the motion heard on written arguments which have just been filed.

The motion is based upon eighteen grounds. The first ten grounds relate to alleged error in refusing to grant a non-suit and directed verdict. This necessitates a review of the testimony. I shall not endeavor to cover all the…