Legal Opinion

Continental Insurance v. Smith

Indiana Court of Appeals

Decided March 31, 1916No. 8,830Published

From Superior Court of Marion County (90,918); Pliny W. Bartholomew, Judge. Action by the Continental Insurance Company against George D. Smith, and another. From a judgment for defendants, the plaintiff appeals.

1Opinion of the CourtIbach, C. J.

Appellant sued appellees on a promissory note executed by them to appellant, in payment of premiums in four yearly installments on a policy of fire insurance. This appeal is from a judgment against appellant, and the error assigned is the overruling of its motion for new trial on the grounds that the decision of the court is not sustained by sufficient evidence and is contrary to law.

It appeared from the evidence that the first installment of the premium on a five-year insurance policy had been paid; that the note in suit was executed for the four remaining installments; that six months after…

2Cases cited2 opinions

  1. American Insurance v. HenleyIndiana Supreme Court · 1878
  2. Ohio Farmers Insurance v. HunterIndiana Court of Appeals · 1906

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