American Eagle Fire Ins. v. Vaughan

PARKER, Circuit Judge.

This áetion was instituted in the court below by the trustees of a colored Baptist church to recover on a Are insurance policy issued by the American Eagle Fire Insurance Company on a church building and furniture. The company defended on the ground that the policy had been avoided by the procuring of other insurance and by false swearing in the proofs of loss. At the conclusion of the evidence, the trial judge excluded defendant’s evidence relating to other insurance, denied motions for nonsuit and directed verdict, and held that the only issue for the jury was the…