McLain v. Shenandoah Life Insurance

The defendant, appellant, states in his brief: “On this appeal the appellant chooses to rely upon its Assignments of Error Nos. 1, 3 and 4, which relate to the signing of the judgment and to the overruling of the defendant’s motion for judgment as of nonsuit made at the conclusion of the plaintiff’s evidence and renewed at the conclusion of all the evidence.” It is the contention of the defendant that there was not sufficient evidence of fraudulent misrepresentation to be submitted to the jury, and since the plaintiffs alleged cause of action is bottomed upon the allegation of fraud in the…