National Casualty Co. v. Dunn

It is clear that the evidence did not support plaintiff’s replication 2, alleging that he gave notice of his illness as soon as it was reasonably possible for him to do so.

It is equally clear that, regardless of the assumption of Walker’s agency for defendant for the purpose of adjusting plaintiff’s claimj the evidence does not show a denial by defendant of all liability on the policy, as alleged in replication 4-

But, evidence of Walker’s agency having been admitted, the issue under replication 3 could not properly be withdrawn from the jury, and the general affirmative charge for plaintiff…