Alexander Grant's Sons v. Phoenix Assurance Co.

This is an appeal by the plaintiff from a judgment dismissing the complaint at the close of plaintiff’s case. The dismissal was predicated upon the ground that there was insufficient evidence before the jury to justify a verdict for plaintiff.

Defendant insurer had issued a blanket fidelity policy by which it agreed to indemnify plaintiff for losses which it might sustain as the result of dishonest acts committed by any of its employees. The action was brought to recover losses which allegedly occurred through the theft of cash and merchandise by certain employees during the term of the…