Northern Assurance Co. v. National Guarantee & Finance Co.

*642OPINION

By HORNBECK, J.

Many disputed questions of fact arose upon the presentation of the case but the trial judge was within his province in resolving them in favor of the plaintiff. There was dispute whether or not any contract of insurance was entered into between the owners of the trailer, Bernick and Johnson, the mortgagee, the plaintiff, on the one hand and the defendant insurance company on the other. Upon the statements of Bernick, King and Edna Croft the tryer of the fact could well have said that the evidence preponderated in favor of the claim that such a contract was made;…