Boyce v. National Commercial Bank & Trust Co.

The trial court’s determination adverse to appellant insurer of the factual issue of its “giving notice” of cancellation was correct. Upon the entire record, no other conclusion would be sustainable. Plaintiff insureds assert, of course, that the insurer was properly held liable but ask that “ if that determination should be overruled ”, the judgment dismissing their complaint in their action against the respondent bank be reversed. A recovery against the insurer, upon final determination of the action against it, might render the other action and the third-party action moot, except, perhaps,…