C. F. Simonin's Sons, Inc. v. American Credit Indemnity Co.

Opinion by

Mr. Justice Drew,

Plaintiff brought this action in assumpsit upon an alleged oral contract of insurance whereby defendant was to indemnify plaintiff against loss due to the insolvency of certain of the latter’s debtors. At the close of plaintiff’s evidence, defendant moved for a compulsory non-suit. The motion was granted by the trial judge, and from the refusal of the court in banc to take off the non-suit plaintiff has appealed.

On or about June 3,1925, defendant issued to plaintiff its bond of indemnity, dated May 29,1925, guaranteeing the latter against loss, to an amount not…