Home Ins. Co. of N.Y. v. Cardwell

Opinion of the Court by

Judge Dietzman

Reversing.

This is a suit brought by the appellee, who was the plaintiff below, against the appellant, defendant below, on an alleged oral contract of insurance. Prom a judgment in favor of the. appellee in the full amount sued for, this appeal is prosecuted.

The petition in so far as it bears on the present controversy alleges that the appellant “agreed 'to and did enter into an oral insurance contract with this” appellee “by the terms of which said” appellant “for and in consideration of payment of the rate of insurance fixed and approved in this State on…