Simons v. Vaughn

*168Opinion on the Court by

Judge Hurt

Reversing.

The appellants, Max Freedberg and S. D. Simons, trustees for the creditors of Freedberg, sued the appellees, Leaman Vaughn and J. B. Blackwell, as partners, under the firm name of Vaughn & Blackwell, and sought to make them liable, as agents of the Franklin Fire Insurance Co., of Delaware, on account of a loss insured against by a policy, issued by the insurance company, it being insolvent and refusing to pay the loss.

The issues being properly made by the pleadings, a trial was had, which resulted in a verdict of the jury, and a judgment of the court…