Nationwide Mutual Insurance v. Martin

Nationwide Mutual Insurance Company seeks an opportunity to introduce evidence in an effort to vitiate an agreement it made with Fred E. Martin, Sr., Assignee of Symple Construction Corporation, on the ground of fraud. The trial court entered a final order on January 2, 1968, the effect of which was to deny Nationwide a hearing. We awarded a writ of error to this judgment.

This case had its inception when Symple Construction Corporation brought action against Nationwide for $12,851.30, allegedly due it under an insurance policy whereby Nationwide agreed to protect Symple from loss by theft in…