Howard v. Massachusetts Bonding & Ins.

BYERS, District Judge.

This is a defendant’s motion for a directed verdict, made at the close of the case, and as to which decision was reserved. On December 19, 1946, the jury returned a verdict for plaintiff in the sum of $4,281.17, under instructions that the only question submitted to them was the amount of damage deemed to have been established, on the assumption that as a matter of law the plaintiff should prevail, but that as to such assumption the responsibility lay with the court.

The action was for breach of contract,, namely, the failure of the defendant to defend in the name of the…