Helmer v. Dearborn National Insurance

Defendant, Dearborn National Insurance Company, issued its policy of insurance to plaintiff, insuring him (with specified exceptions not herein material) “against all risks of loss of or damage to” certain oriental rugs owned by plaintiff. Plaintiff brought suit on this policy claiming that the oriental rugs had been damaged within the terms of the policy. Defendant answered and a trial by jury was had. At the close of plaintiff’s proof and after plaintiff had rested his case, defendant’s counsel stated to the court: “We rest. If the .court please, I would lilce to make a motion.” Thereupon…