Stuyvesant Insurance v. United Public Insurance

Opinion on Merits

Bierly, J.

— The Marion Circuit Court of Marion County found for the plaintiff on its complaint and against the defendant in the sum of $36,410.45, interest and costs, in an action based on a contract of reinsurance wherein the plaintiff was the insured, and the defendant was the insurer. The issues were joined by the plaintiff’s complaint, answer by defendant and thence a reply by plaintiff. Upon issues so joined said cause was submitted to the court without the intervention of the jury.

The specifications in the motion for a new trial filed by defendant were four, to-wit:

“1.…