Southard v. Prudential Insurance

*458OPINION

By HORNBECK, PJ.

These questions must be resolved in favor of Nigl, assignee, upon the authority of case No. 2315, Franklin County (unreported) Madigan et v The Dollar Building & Loan Company, this court, decided November 1, 1933. The opinion in this case by Barnes. J., concurred in by the other members of the court, recites the reasons and authorities in support thereof, and it will, therefore, not be necessary to restate them. (See next case, herein).

Two other propositions are suggested- by the brief of counsel for the Insurance Company, namely: Is the action of the trial *459court…